Terms of service

General terms and conditions
Het Laser Lokaal
Witte Vlinderweg 4C
1521PS
Wormerveer
0203697632
www.laserlokaal.nl
chamber of commerce 70401055

Article 1 | Definitions
1. In these general terms and conditions, the terms below are used in the following meaning, unless expressly stated otherwise.
2. General terms and conditions: The general terms and conditions as stated below.
3. Het Laser Lokaal: Het Laser Lokaal, located at Witte Vlinderweg 4C, 1521PS at Wormerveer.
4. Client/customer: Person or company who has accepted the general terms and conditions and has given the order to provide the service.
5. Agreement: Any agreement concluded between Het Laser Lokaal and the client
6. Quotation: All offers and quotations provided by Het Laser Lokaal.
Article 2 | Applicability
1. These general terms and conditions apply to – and form an integral part of – every offer, quotation and agreement relating to products of any kind to be supplied by Het Laser Lokaal, unless expressly agreed otherwise in writing.
2. These conditions can only be deviated from if the parties have expressly agreed to this in writing.
3. All indications in offers, quotations or agreements and their appendices, such as images, drawings, sizes, weights, yields and colors, as well as the properties of any test specimens provided, are for indicative purposes only. Minor deviations are therefore not at the expense and risk of Het Laser Lokaal.
4. Obvious errors or mistakes in Het Laser Lokaal's offers release it from the obligation to fulfill obligations and/or any obligations to pay damages resulting therefrom, even after the conclusion of the agreement.
Article 3 | Offers
1. Offers and quotations are preferably presented electronically, unless circumstances make this impossible. In that case, quotations will be submitted in writing.
2. All offers and quotations made by Het Laser Lokaal, in whatever form, are without obligation unless a term for acceptance is included in the offer. An agreement will only be concluded by written (order) confirmation from Het Laser Lokaal or by actual execution by Het Laser Lokaal.
3. Both private individuals and companies may request a quote without obligation at any time.
4. It is possible to request a quote via the website or by email, information is only provided by telephone.
5. All offers are valid for the period specified in the offer. Offers expire after this period has expired.
6. If the acceptance, whether or not on minor points, deviates from the offer included in the offer and/or quotation, Het Laser Lokaal is not bound by this. The Agreement will then not be concluded in accordance with this deviating acceptance, unless Het Laser Lokaal indicates otherwise.
7. A composite quotation does not oblige Het Laser Lokaal to carry out part of the Assignment for a corresponding part of the stated price.
8. Offers and/or quotations do not automatically apply to future orders or repeat orders.
Article 4 | Agreement
1. An agreement is only concluded in writing by timely agreement on the final quotation or agreement by email from the client.
2. Before an assignment is carried out, the client must agree to the final quotation.
3. Het Laser Lokaal reserves the right to refuse an assignment without stating reasons.
4. After an agreement has been concluded 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 money will be refunded
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 relating to the import and/or customs clearance of items to be delivered by Het Laser Lokaal to the customer are not included in the price and are therefore borne by the customer.
2. The amounts shown in the offers of Het Laser Lokaal are based on the prices, rates, wages, taxes and other factors relevant to the price level during the offer. If one or more of the factors mentioned change after the (order) confirmation, Het Laser Lokaal is entitled to adjust the agreed price accordingly. If a price increase is made pursuant to this provision and the increase amounts to more than 10% of the total agreed amount, the customer has the right to terminate the agreement in writing within eight days after he or she became aware of the price increase.
3. The supplied drawings in combination with the chosen material and thickness determine the calculation of the laser cutting time.
4. If too low a price has been calculated in the quotation due to incorrectly supplied drawings (not according to the instructions on the Het Laser Lokaal website), Het Laser Lokaal can calculate 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 workmanship.
2. Het Laser Lokaal reserves the right at all times to have (part of) the work carried out by third parties
3. Drawings must be drawn up according to the standard templates and instructions on the Laser Lokaal website.
Article 8 | Delivery
1. After approval, Het Laser Lokaal will produce the assignment and inform the client when the assignment has been carried out.
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 goods are ready at Het Laser Lokaal or a third party for collection by the customer or to be shipped on behalf of the customer. From the moment of delivery, the delivered goods are at the customer's risk.
4. If the parties expressly agree that Het Laser Lokaal will arrange the transport of the products, both the costs and the risk of loss or damage during transport will be borne by the customer.
5. The indication of delivery terms in offers, quotations, agreements or otherwise is always made by Het Laser Lokaal to the best of its knowledge and these terms 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 expressly agreed otherwise, goods will only be delivered once the invoice for the order has been paid.
Article 9 | Quality of production and materials
1. After laser cutting, recoil can be seen from the worktop at the bottom of the material. This is part of the production process. The kickback can be prevented in various ways. This creates extra work and additional time will be charged for in consultation with the client.
2. After laser cutting, a black edge is visible on the edges 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 structure. The laser may not penetrate these thickenings, which means that the product is sometimes not completely cut loose. Het Laser Lokaal is not responsible for any failed parts due to this. However, Het Laser Lokaal does its best to deliver all parts properly.
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 comply and the damage is demonstrably not caused by the client himself, Het Laser Lokaal will look for a suitable solution in consultation with the customer. This can be done by means of a discount on the agreed price, or by (partially) re-executing the assignment.
Article 10 | Liability
1. Het Laser Lokaal is only liable for damage suffered by the customer if and insofar as that damage is the direct result of intent or deliberate recklessness on the part of executives 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 cancellation obligations and compensation for damage) will never exceed a maximum of the amount of the price stipulated for that agreement (excluding VAT).
3. Het Laser Lokaal is not liable for damage if and insofar as the customer has insured himself against the relevant damage or could reasonably have insured himself.
4. In consultation, a client can supply 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. Submitting 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 with regard to the work or products delivered or to be delivered by it, it will expressly inform the customer of this in writing. In the absence of such an express written notification, the customer cannot invoke the warranty, without prejudice to his legal rights arising from mandatory legal provisions.
2. If the customer's warranty claim is justified, Het Laser Lokaal will repair the products to be delivered - at the discretion of Het Laser Lokaal - or deliver them as agreed, unless this would have become demonstrably pointless for the customer. If Het Laser Lokaal informs the customer that it will proceed with repairs, the customer will make the delivered products available to Het Laser Lokaal again, at its expense and risk.
3. Any warranty obligations of Het Laser Lokaal will lapse if errors, defects or imperfections with regard to those goods are the result of incorrect, careless or incompetent use or management of delivered goods by the customer or third parties engaged by the customer or if these are the result of external causes such as fire or water damage, or if the customer or a third party changes without the permission of Het Laser Lokaal Het Laser Lokaal has installed or left delivered goods.
4. Any complaints about a product supplied by Het Laser Lokaal must be immediately communicated by the customer to Het Laser Lokaal in writing and with reasons. If 14 days have passed after delivery of the products, the customer can no longer make justified complaints, unless the defect would not have been noticeable at the time of delivery if a careful and timely inspection had been carried out. In that case, the customer must inform Het Laser Lokaal of the defect in writing, stating reasons, within 30 days after the defect has become known or could have become known to the customer.
5. If the customer invokes any agreed warranty scheme, but that appeal 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 have resulted from that appeal 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 against the amounts charged by Het Laser Lokaal.
2. Het Laser Lokaal always has the right to deliver or invoice delivered goods 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 or advance payment both before and after the conclusion of the agreement, subject to suspension of the execution of the agreement by Het Laser Lokaal until security has been provided and/or the advance payment has been received by Het Laser Lokaal. If advance payment is refused, Het Laser Lokaal is entitled to terminate the agreement and the customer is liable for any resulting damage to Het Laser Lokaal.
4. Het Laser Lokaal is entitled to suspend the delivery of products that it has in its possession 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 paid in full.
5. If payment is not made on time, the customer is legally in default without notice of default being necessary. From that moment on, 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 has been received after the expiry of a further payment term set by written notice, the customer will owe 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. Without prejudice to the other rights of Het Laser Lokaal under this article, the customer is obliged to Het Laser Lokaal to reimburse the collection costs that Het Laser Lokaal has had to incur and which go beyond sending a single demand or merely making an - not accepted - settlement proposal, gathering simple information or compiling the file in the usual manner. These costs are determined on the basis of the guidelines applicable at the courts in the Netherlands at that time.
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 can 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 right to these detailed 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 supplied drawings remains in the hands of the designer/client.
4. Het Laser Lokaal will not publish submitted drawings or manufactured products/models to third parties without explicit permission from the customer.
5. The customer must have all relevant ownership or use rights to the supplied models and production drawings. Het Laser Lokaal assumes that the customer has these rights. Het Laser Lokaal cannot be held liable for claims regarding intellectual property rights of supplied models or production drawings.
6. Het Laser Lokaal reserves the right to refuse orders if there is a suspicion that the customer does not have the necessary ownership rights, if a model or production drawing is contrary to 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 paid any claim from Het Laser Lokaal, including in any case the purchase price, extrajudicial costs, interest, fines and any other claims as referred to 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 entitled to pledge, otherwise encumber or transfer in whole or in part the products delivered under retention of title to third parties as long as ownership has not been transferred to him, except insofar as that transfer takes place in the exercise of the customer's usual business activities.
4. If the customer fails to fulfill its 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 take back the goods delivered under retention of title. The customer will cooperate and grant Het Laser Lokaal free access at all times to its grounds and/or buildings for the purpose of inspecting the goods and/or exercising the rights of Het Laser Lokaal. After repossession, the customer will be credited with the market value, which can in no case be higher than the original price that the customer agreed with Het Laser Lokaal, less the costs incurred by Het Laser Lokaal as a result of the repossession.
Article 15 | Force majeur
1. Het Laser Lokaal is not liable if a shortcoming is the result of force majeure. During the period in which there is force majeure, Het Laser Lokaal's obligations 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 terminate the agreement without judicial intervention, without any obligation to pay compensation.
2. The term 'force majeure' as referred to in this article is in any case understood to mean unforeseen circumstances, including those of an economic nature, which have arisen through no fault or fault of Het Laser Lokaal, such as, among other things, serious disruption in the company, forced reduction in production, absenteeism, strikes and exclusions, both at Het Laser Lokaal and at supply companies, war, hostilities, natural disasters, martial law, mobilization, or in the Netherlands or in any other country where any branches of Het Laser Lokaal or its supply companies are located, delays in transport or delayed or incorrect delivery of goods or materials or parts by third parties, including Het Laser Lokaal's supply companies.
3. If Het Laser Lokaal has already partially fulfilled its obligations when force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the deliverable part 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 deemed to be in default if he fails to fulfill any obligation under the agreement or fails to do so on time, as well as if the customer does not comply with a written reminder to fully comply within a set reasonable period.
2. In the event of default by the customer, Het Laser Lokaal is entitled, without any obligation to pay compensation and without prejudice to its rights, to dissolve the agreement in whole or in part by sending a written notice to the customer and/or to immediately claim any amount owed by the customer to Het Laser Lokaal in its entirety and/or to invoke retention of title.
3. Het Laser Lokaal is entitled to terminate the agreement with immediate effect if the customer applies for suspension of payments or bankruptcy or if a petition is filed against him or if all or part of his assets are seized. All invoiced amounts will then become immediately due and payable. Het Laser Lokaal will never be liable for any compensation due to this termination.
Article 17 | Disputes and Applicable Law
1. If there is uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation of those provision(s) must take place 'in the spirit' of these general terms and conditions.
2. Dutch law applies to an agreement concluded with Het Laser Lokaal. Foreign legislation and treaties, including the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Sales Convention) are excluded.
3. Any disputes relating to this agreement or arising from this agreement will be settled in the first instance by the competent court in the district in which Het Laser Lokaal is located at the time this agreement was concluded.
4. In case of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), he will mediate for free. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet found, the consumer has the option to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that the consumer must pay to the relevant committee.