General terms and conditions of sale and delivery of Kameleon Design registered at the Chamber of Commerce.
Article 1. General
1.1. These conditions apply to all offers and agreements of sales, goods, contracts and services of Kameleon Design;
1.2. Additions or deviations from these conditions must be agreed in writing and apply only to the agreements of which they are made for.
1.3. The rights and obligations arising from agreements between Kameleon Design and the other party may not be transferred to third parties by the other party, except with written permission of Kameleon Design.
Article 2. Offers
2.1. All offers are without obligation and are valid as long as stocks last. A limited time offer can nevertheless be revoked by Kameleon Design, even after reception of the order, provided it is within 5 working days after reception of that order.
2.2. In price lists or on the Internet (website), quotations and other documents mentioned quantities, weights, sizes, prices etc. are only informative. Although the most important characteristics of products are shown as accurately as possible, they have the character of an approximate indication and do not bind Kameleon Design.
Article 3. Agreements
3.1. An agreement shall first be deemed to have been legally established after Kameleon Design confirmed the order in writing or started with the execution of the order. The content of the agreement is determined by the quotation and/or the confirmation of the order from Kameleon Design and these terms and conditions.
3.2. If – after the order has been provided – an additional order is provided, the original agreed delivery time shall expire.
Article 4. Prices
4.1. All price quotes and prices shown by Kameleon Design are shown in euros and include VAT and other costs covered by the contract, such as levies.
4.2. Delivery fees are not included in the price, unless otherwise indicated.
4.3. If, after the conclusion of the agreement, the prices of materials, taxes and/or other factors that determine the price of the goods, undergo a change, Kameleon Design are entitled implement these price changes. Price changes of more than 10% give the other party the right to dissolve the agreement, provided that this is done in writing and within seven days after receiving the concerned statement. A dissolution as mentioned does not entitle the other party to reimbursement of any damages.
Article 5. Payment
5.1. Orders via the Internet site can be paid by using the payment methods mentioned on the website. In the case of payment using a credit card or electronic payment method issued by a third party, the terms of the relevant card issuer or bank shall apply. Payments by invoices, if expressly agreed, are to be made within 14 days of the invoice date.
5.2. The other party shall be in default, after the expiry of the payment period referred to in paragraph 1 of this article, without requiring a notice of default, whether or not the other party may be imputed.
5.3. Without prejudice to the further rights it is entitled to, Kameleon Design are qualified to calculate an interest over the outstanding amount of 1.5% per month or part of a month, calculated from the relevant due date.
5.4. All extrajudicial and judicial costs incurred by Kameleon Design in the context of a dispute with the other party, both demanding and defendant, shall be borne by the other party.
Article 6. cooling down period, cancellation and returns
6.1. The counterparty is entitled to a cooling off period of 30 days after delivery of the product, when the other party is a consumer and if the packaging is not broken. This right shall expire if the products have been put into service. Companies are under the law of “Wet Kopen of Afstand 2001” excluded from this right. The other party (customer) may return a product within the aforementioned 30-day period.
6.1A. If you would like to make use of the return option, please contact Kameleon Design. Name the order number in the subject of the email and indicate the reason for the return. Depending on the reason for the return, you can return the parcel sufficiently franked or free of charge.
6.2. Conditions for the right of return: The product may not be used and should still be
re-salable as new. (The customer must be able to view and fit on the product, but it cannot be taken into operation). It must be returned undamaged, complete and in the original packaging.
6.3. If the counterparty has made use of the right of withdrawal, as mentioned in the previous paragraph, has returned the product, unused and in original packaging with any supplied accessories and without any user damage to Kameleon Design, Kameleon Design will ensure reimbursement to the counterparty within 30 days of receipt.
6.4. In the event of cancellation by companies, all Kameleon Design costs incurred in respect of the order or contract, as well as the loss of profits immediately claimable, with a minimum of 10% of the principal amount, increased by as much as needed by Kameleon Design due to the cancellation damage suffered.
Article 7. Delivery time, delivery, risk
7.1. Kameleon Design, in principle, strives to dispatch orders which are placed before 22:00h on a business day, the same day. The delivery period specified in the offer and/or the order confirmation shall not be considered as a fatal term and shall be indicated only as approaching, even if it has been expressly accepted by the counterparty.
7.2. In the event that the other party is not found at home at the time of delivery, the goods will be offered again the following day. In both cases a note is left with the message that the delivery can be picked up at the post office.
7.3. In the case of deliveries abroad, different conditions may apply.
7.4. The said/agreed on delivery period shall in any case be renewed automatically with the period during which:
– there is a delay in the manufacture and/or dispatch and/or any other execution temporarily preventing circumstance, whether or not it can be attributed to Kameleon Design.
– the counterparty falls short in one or more obligations towards Kameleon Design or if there is a justified fear that he will fail, irrespective of whether the reasons are justified or not.
– the counterparty does not enable Kameleon Design to carry out the agreement; this situation occurs among others if the counterparty defaults to communicate the place of delivery.
7.5. Counterparty needs to receive the Kameleon Design purchased goods and to check them (see warranty). When such goods are refused by the counterparty or delivery is not possible, the goods shall be stored by Kameleon Design, at the expense and risk of the counterparty. The costs of storage are on behalf of the other party. Kameleon design reserves the right to the fulfilment of the claim, as well as the right to dissolve the agreement without legal intervention, notwithstanding the right to claim damages.
Article 8. Inspection
The items are checked before delivery by Kameleon Design. Counterparty has, for own account, the right to inspect the items for delivery for time and place determined by Kameleon Design.
Article 9. responsibility
9.1. Kameleon Design are not liable for damages resulting from any shortcoming in the fulfilment of its commitment(s) towards counterparty. The fulfilment of the obligations under warranty/advertising as defined in article 9 shall be regarded as sole and total compensation. Any other claim for damages, for any reason, is ruled out, unless there is intention or major negligence on the part of Kameleon Design or managerial subordinates.
9.2. Kameleon Design is neither liable for intention or (major) negligence of (non-managerial) subjects or of others which they have involved, in the context of the execution of the agreement.
9.3. Kameleon Design does not accept any liability for, by, or on behalf of, opinions provided on their behalf.
9.4. Counterparty must always give Kameleon Design the opportunity to settle a complaint, otherwise the liability claim and the damage compensation will expire.