General conditions

GeneralClover Living E.g.
Email: support@cloverliving.com
Website:www.cloverliving.com
December 1, 2023


Article 1 - Definitions

  1. Clover Living E.g.:Clover Living B.V., established in Eindhoven, Chamber of Commerce number 84395575.
  2. Customer: the person with whomClover Living B.V. has entered into an agreement.
  3. Parties:Clover Living B.V. and Customer together.
  4. Consumer: a Customer who is also an individual acting as a private person.

Article 2 - Applicability

  1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf ofClover Living B.V.:
  2. Clover Living B.V. and the Client can only deviate from these terms and conditions if this has been agreed in writing.
  3. Clover Living B.V. and the Client expressly exclude the applicability of the general terms and conditions of the Client or others.

Article 3 - Prices

  1. Clover Living B.V. uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
  2. Clover Living B.V. may change the prices of its services and products on its website and in other communications at any time. 
  3. Increases in the cost prices of products or parts thereof, which areClover Living B.V. could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases. 
  4. The consumer has the right to cancel a contract because of a price increase in paragraph 3, unless the increase is due to a legal regulation.

Article 4 - Samples and models

  1. If the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article 5 - Payments and payment period

  1. Clover Living B.V. may require a down payment of up to 100% of the agreed amount when entering into the agreement. 
  2. The Customer must have made a subsequent payment within 14 days of delivery.
  3. The payment terms to beClover Living B.V. uses its strict payment terms. This means that if the Client has not paid the agreed amount by the last day of the payment term at the latest, he will automatically be in default and in default, withoutClover Living B.V. does not have to send a reminder to the Client or give notice of default. 
  4. Clover Living B.V. may make a delivery conditional on immediate payment or require a security for the total amount of the services or products.

Article 6 - Consequences of late payment

  1. If the Customer does not pay within the agreed period, theClover Living B.V. charge the statutory interest rate of 2% per month for non-commercial transactions and the statutory interest rate of 8% per month for commercial transactions from the day the Client is in default, whereby part of a month is counted for a whole month.
  2. In addition, if the Client is in default, he must pay extrajudicial collection costs and any compensation toClover Living B.V.: 
  3. Collection costs are calculated according to the Compensation for Extrajudicial Collection Costs Decree. 
  4. If the Client does not pay on time, the Client mayClover Living B.V. suspend its obligations until the Client has paid. 
  5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the Client, the claims of theClover Living B.V. is immediately due and payable from the Client. 
  6. If the Client refuses to cooperate with the execution of the agreement byClover Living B.V., then he still has to pay the agreed price.

Article 7 - Right of advertising

  1. If the Client is in default, theClover Living E.g. invoke the right to complain with regard to the unpaid products delivered to the Customer.
  2. Clover Living B.V. makes use of its right of complaint by means of a written or electronic communication to the Client.
  3. As soon as the Customer has been informed of the right of complaint invoked, the Customer must immediately return the products in question toClover Living B.V., unless otherwise agreed in writing. 
  4. The Customer shall pay the cost of retrieval or delivery in paragraph 3. 

Article 8 - Right of withdrawal

  1. A consumer may cancel an online purchase within 14 days of purchase without giving a reason. This right of withdrawal does not apply when:
  • the product has been used
  • it is a product that can spoil quickly, such as food or flowers
  • it is a gift card
  • it is a product that has been customized or adapted specifically for the consumer
  • it is a product that cannot be returned for hygienic reasons, such as underwear or swimwear
  • the seal is not intact in the case of data carriers with digital content, such as DVDs or CDs
  • the product or service involves lodging, travel, a restaurant business, transportation, a catering service or a form of leisure activity
  • the product is a loose magazine or loose newspaper
  • the consumer has waived his right of withdrawal
  1. The 14-day cooling-off period in paragraph 1, begins:
    • on the day after the consumer receives the last product or part of 1 order
    • once the consumer has confirmed that he will purchase digital content over the Internet
  2. During the reflection period, the consumer will treat the product and its entire packaging with care. It will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises his/her right of withdrawal, he will return the product to the seller with all delivered accessories and in the original shipping package, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the returned product is damaged or the packaging is more damaged than necessary to try the product, we may pass this depreciation on to you. So always treat the product with utmost care.
  4. The consumer can use his cooling-off period by sending an email with that subject to support@cloverliving.com, possibly using the withdrawal form available on the website of theClover Living B.V., www.cloverliving.com.
  5. The consumer must return the product within 14 days of making his right of withdrawal toClover Living B.V., failing which his right of withdrawal lapses. 

Article 9 - Reimbursement of delivery costs

  1. When the consumer has withdrawn his purchase on time and has sent the entire order toClover Living B.V., then theClover Living E.g. refund any shipping costs paid by the consumer to the consumer within 14 days after receipt of the fully returned order on time.
  2. The costs for delivery are only at the expense ofClover Living B.V. insofar as the complete order is returned.

 

Article 10 - Reimbursement of return costs

  1. If the consumer invokes his right of withdrawal and returns the entire order in time, the Customer shall pay the cost of doing so. Also, the risk for return shipping lies with the consumer.

Article 11 - Right of suspension

  1. Unless the Customer is a consumer, the Customer hereby waives the right to suspend performance of any obligation under this Agreement.

Article 12 - Right of lien

  1. Clover Living B.V. can make use of its right of retention and, in that case, keep the Client's products with it until the Client has paid all outstanding invoices of theClover Living B.V., unless the Client has provided sufficient security for those costs. 
  2. The right of retention also applies on the basis of previous agreements, as a result of which the Client still has to pay money toClover Living B.V.:
  3. Clover Living B.V. is not liable for any damage suffered by the Client as a result of the use of its right of retention.

Article 13 - Offset

  1. Unless the Customer is a consumer, he waives his right to incur a debt owed toClover Living B.V. against a claim onClover Living B.V.:

Article 14 - Retention of title

  1. Clover Living B.V. remains the owner of all delivered products until the Customer has received all outstanding invoices fromClover Living B.V. has paid in respect of an underlying agreement, including claims for failure to perform.
  2. Until that time in paragraph 1,Clover Living B.V. make use of its retention of title and take back the goods. 
  3. Before ownership has passed to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products. 
  4. WhenClover Living B.V. makes use of its retention of title, the agreement will be cancelled and may beClover Living B.V. claims damages, loss of profit and interest from the Client.

Article 15 - Delivery

  1. Delivery will take place while supplies last.
  2. Delivery takes place atClover Living B.V., unless otherwise agreed.
  3. Delivery of products ordered online takes place at the address specified by the Customer. 
  4. If the Client does not pay the agreed amounts or does not pay them on time, theClover Living B.V. suspend its obligations until the Client pays.
  5. In the event of late payment, there is a creditor default, as a result of which the Client does notClover Living B.V. can object to this.

Article 16 - Delivery time

  1. The delivery times ofClover Living B.V. are indicative. If delivery is made later, the Client cannot derive any rights from this, unless otherwise agreed in writing.
  2. The delivery time starts when the Customer has fully completed the ordering process and has received a confirmation fromClover Living B.V.:
  3. The Client will not receive any compensation and may not cancel the contract ifClover Living B.V. delivers later than agreed. However, the Client may cancel the agreement if this has been agreed in writing or ifClover Living B.V. is unable to deliver within 14 days, after having been reminded to do so in writing or the Client andClover Living E.g. have agreed on something else.

Article 17 - Actual delivery

  1. The Customer must ensure that the actual delivery of its ordered products can take place on time.

Article 18 - Transportation costs

  1. The Customer shall pay the cost of transport, unless the Customer andClover Living E.g. have agreed otherwise in writing. 

Article 19 - Packaging and shipping

  1. If the packaging of a delivered product has been opened or damaged, the Customer must have a note made by the carrier before taking delivery of the product. If the Client fails to do so, he mayClover Living B.V. is not liable for any damage.
  2. When the Customer arranges the transport of a product himself, he must report any visible damage to the products or the packaging prior to transport toClover Living B.V.: If the Client fails to do so, he mayClover Living B.V. is not liable for any damage.

Article 20 - Retention

  1. If the Customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the Customer.
  2. Any additional costs resulting from premature or late purchase of products shall be borne entirely by the Customer.

Article 21 - Assembly and or installation

  1. ThoughClover Living B.V. makes every effort to carry out all assembly and/or installation work as well as possible, it does not bear any responsibility for this, except in the case of intent or gross negligence.

Article 22 - Warranty

  1. The warranty on products applies only to defects caused by faulty manufacture or construction or faulty material. 
  2. The warranty does not apply:
    - in case of normal wear and tear
    - for damage caused by accidents
    - for damage caused by modifications made to the product
    - for damage caused by negligence or incompetent use by the Customer
    - when the cause of the defect cannot be clearly determined
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the Customer at the time they are legally and/or actually delivered, or at least come into the control of the Customer or of a third party who takes delivery of the product on behalf of the Customer.

Article 23 - Indemnification

  1. The Client indemnifiesClover Living B.V. against all claims of others in connection with theClover Living E.g. products and/or services supplied. 

Article 24 - Complaints

  1. The Client must submit aClover Living E.V. investigate the delivered product or service as soon as possible for any shortcomings.
  2. If a product or service provided does not meet what the Customer could reasonably expect, the Customer mustClover Living B.V. within 1 month after the determination of the shortcoming. 
  3. A consumer must notify the consumer within 2 months of the determination of the shortcoming.Clover Living B.V. inform you of this.
  4. In doing so, the Client shall provide a description of the shortcoming that is as detailed as possible, so thatClover Living B.V. can respond appropriately. 
  5. The Client must prove that the complaint relates to an agreement between the Client andClover Living B.V.:
  6. If a complaint is about ongoing work, the Client cannot demand thatClover Living B.V. is going to perform other activities than agreed.

Article 25 - Notice of default

  1. The Client must notify any notice of default in writing toClover Living B.V.:
  2. The Client is responsible for ensuring that his notice of defaultClover Living B.V. actually achieved on time. 

Article 26 - Liability of Customer

  1. WhenClover Living B.V. enters into an agreement with several Customers, each of them is jointly and severally liable for the fulfilment of the agreements in that agreement. 

Article 27 - Liability Clover Living E.g.

  1. Clover Living B.V. is only liable for damage suffered by the Client when that damage is caused by intent or deliberate recklessness.
  2. WhenClover Living B.V. is liable for damage, this only applies to direct damage related to the performance of an underlying agreement.
  3. Clover Living B.V. is not liable for indirect damage, such as consequential damage, loss of profit or damage to third parties.
  4. WhenClover Living B.V. is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy. If no insurance has been taken out or no claim amount is paid out, the liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and cannot lead to any compensation, rescission or suspension. 

Article 28 - Due date

  1. Any right of the Client to compensation ofClover Living B.V. expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 29 - Dissolution

  1. The Client may cancel the agreement ifClover Living B.V. imputably fails to comply with its obligations, unless this failure does not justify the dissolution due to its special nature or minor significance. 
  2. Is the fulfilment of the obligations byClover Living B.V. is still possible, then dissolution can only take place afterClover Living B.V. is in default. 
  3. Clover Living B.V. may terminate the agreement with the Client if the Client does not fully fulfil its obligations under the agreement or does not do so in a timely manner, or if the Client does not fulfil its obligations under the agreement in full or on time, or ifClover Living B.V. has taken note of circumstances that give him good reason to assume that the Client will not comply with his obligations. 

Article 30 - Force majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of theClover Living B.V. by the ClientClover Living B.V. can be attributed in the event of force majeure. 
  2. The force majeure situation in paragraph 1 also includes, inter alia:
    - a state of emergency such as civil war or natural disaster
    - default or force majeure of suppliers, deliverers or others
    - power, electricity, internet, computer or telecom failures
    - computer viruses
    - strikes
    - government measures
    - transportation problems
    - adverse weather conditions
    - work stoppages
  3. When a force majeure situation arises that causesClover Living B.V. 1 or more obligations to the Client, then those obligations will be suspended untilClover Living B.V. can comply. 
  4. From the moment that a force majeure event has lasted at least 30 calendar days, both the Client and theClover Living E.g. cancel the agreement in writing in whole or in part. 
  5. Clover Living B.V. does not have to pay compensation to the Client in a force majeure situation, even ifClover Living B.V. benefits from this. 

Article 31 - Modification of agreement

  1. If it is necessary for the performance of the contract to be amended, the Client and theClover Living E.g. adjust the agreement. 

Article 32 - Modification of general terms and conditions

  1. Clover Living B.V. may change these general terms and conditions. 
  2. Minor changes may not beClover Living E.g. always implement. 
  3. Substantial changes will beClover Living B.V. discuss as much as possible in advance with the Client.
  4. A consumer may terminate the underlying contract if the general terms and conditions are substantially modified. 

Article 33 - Transfer of rights

  1. The Client cannot accept any rights arising from an agreement withClover Living B.V. to others without the written consent of theClover Living B.V.: 
  2. This provision counts as a clause with property law effect as in Article 3:83 paragraph 2 of the Civil Code. 

Article 34 - Consequences of nullity or voidability

  1. If 1 or more provisions of these terms and conditions prove to be void or voidable, this will not affect the remaining provisions of these terms and conditions. 
  2. In that case, a provision that is null and void or voidable shall be replaced by a provision that comes closest to what isClover Living B.V. had in mind when drawing up the conditions on that point.

Article 35 - Applicable law and competent court

  1. These terms and conditions and any underlying agreement between the Client and theClover Living B.V. is governed by Dutch law. 
  2. The judge in the district of Eindhoven ofClover Living B.V. has exclusive jurisdiction to take cognizance of any disputes between the Client andClover Living B.V., unless the law stipulates otherwise.


Retrieved December 01, 2023.