Terms and Conditions

Basic: the company Sjors Mouthaan Industrial Design with trading name Basale, located at Botermarkt 22a, 5256AV, Heusden, registered with the Chamber of Commerce under number 64365204, the user of these general terms and conditions

Agreement: an agreement between Basale and a Customer with regard to one or more items to be delivered by Basale
Conditions: these general terms and conditions of which Basale is the user and which apply to agreements between Basale and a consumer
Customer: the other party who is a natural person and who does not act in the exercise of a profession or business and who enters into a distance contract with Basale as a consumer
Articles): the item(s) delivered by Basale
Distance agreement: an agreement in which, within the framework of a system organized by Basale for the sale of goods at a distance, up to and including the conclusion of the agreement, use is made exclusively of one or more techniques for distance communication
Website: the internet sites http://www.basale.eu and http://www.sjorsmouthaan.com

Article 1 Applicability

1.1 These Terms and Conditions apply to the exclusion of any other general terms and conditions to all offers, orders and Agreements of Basale with consumers. Accepting an offer or placing an order means that the Customer accepts the applicability of these Conditions and accepts that they form part of the concluded Agreement.
1.2 All rights and entitlements, as stipulated in these Terms and Conditions and in any further Agreements for the benefit of Basale, are also stipulated for the benefit of intermediaries and other third parties engaged by Basale.
1.3 Deviations from these Terms and Conditions can only be agreed in writing and only apply to the specific Agreement to which the deviations relate.
1.4 If one or more provisions of these Terms and Conditions are at any time wholly or partially void or should be voided, the remaining provisions of these Terms and Conditions will remain fully applicable. Basale and the Customer will then enter into consultation to agree on new provisions to replace the void or voided provisions, taking into account the purpose and scope of the original provisions as much as possible.
1.5 In addition to these Terms, additional terms and conditions may apply to certain Articles if expressly stated.
1.6 In the event that these Terms and Conditions and the Agreement contain conflicting provisions, the terms and conditions included in the Agreement will apply.
1.7 These Terms are subject to change at any time. However, changes to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the Customer will prevail.
1.8 By accepting these Terms and Conditions, the Customer declares to place the order as a consumer and not as a business party. If the Customer has nevertheless placed an order with business intentions, the general terms and conditions for business customers of Basale will apply.

article 2 Offers/Agreements

2.1 All offers from Basale are without obligation and while stocks last. Basale expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
2.2 An Agreement is only concluded after acceptance of the order by Basale. Basale is entitled to refuse orders with reasons or to attach special conditions to the delivery, unless expressly stated otherwise.
2.3 Basale reserves the right to cancel an order without stating reasons if the order has been completed incomplete and/or incorrectly.
2.4 If the Customer fails to fulfill one or any of its obligations under the Agreement(s) concluded with Basale, or fails to do so on time or properly, the Customer will be in default by operation of law. In that case, Basale has the right to unilaterally terminate the Agreement in whole or in part, without notice of default and without judicial intervention, by means of a written notification, without Basale being obliged to pay any compensation, without prejudice to any further rights accruing to Basale.
2.5 All periods stated on the Website are indicative. No rights can therefore be derived from the stated periods.
2.6 Verbal promises only bind Basale after they have been confirmed explicitly and in writing.
2.7 Offers from Basale do not automatically apply to repeat orders.
2.8 Basale is authorized to make use of third parties in the performance of the Agreement.

article 3 Prices

3.1 The prices stated for the Articles are in euros and include VAT unless stated otherwise. Shipping costs are (unless stated otherwise) not included in the stated prices. See the Website for shipping costs. Barring evidence to the contrary, Basale's administration is at all times deemed to provide a correct representation of the orders, deliveries and payments made.
3.2 Basale is not responsible for any import or customs duties if the order is sent to a country other than the Netherlands. The Customer must pay these costs himself.
3.3 Basale cannot be bound by price indications that are clearly incorrect, for example as a result of obvious input, typesetting or printing errors. No rights can be derived from unlawful price information.
3.4 Further (payment/ordering) conditions may be imposed on the Customer's order. When paying by bank or giro, the date of payment is the date of crediting of Basale's giro or bank account.

article 4 Payments

4.1 The Customer owes Basale the fee stated on the Website. This fee is shown to the Customer prior to the electronic approval of the order by the Customer.
4.2 Payment can be made in (one of) the manner(s) as indicated during the ordering process on the Website.
4.3 All payment orders are handled through a specialist payment provider. The general terms and conditions of the relevant payment provider therefore apply to the payment orders.
4.4 Invoices are handed over or sent upon delivery. The invoices also form the guarantee certificate for the Customer.
4.5 Payment must in any case be made without discount or compensation within 14 (fourteen) days after the invoice date, unless agreed otherwise in writing.
4.6 If the payment term is exceeded, the Client will be in default from the day that payment should have been made and will also owe statutory interest per month or part of a month on the outstanding amount from that day.
4.7 If the Customer is in default with regard to the payment of an amount due under the Agreement, Basale will send the Customer a reminder with a final payment term of fourteen (14) days. The amount of the extrajudicial collection costs will also be indicated, which the Customer will irrevocably owe if payment is not made within this period. The extrajudicial costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs, as referred to in paragraph 4 of Article 6:96 of the Dutch Civil Code.
4.8 If the Customer is in default with any payment, Basale is entitled to suspend or dissolve (the performance of) the relevant Agreement and related Agreements.

article 5 Order process and delivery

5.1 Basale will take the greatest possible care when receiving and executing the order.
5.2 Basale is not liable for any damage during or as a result of the delivery on the part of the Customer or third parties, unless it can be demonstrated that the damage is the result of gross negligence or gross negligence on the part of Basale.
5.3 The risk of the Article passes to the Customer at the time of delivery. When ordering Articles to be delivered by Basale, the place of delivery must be described as accurately as possible. Unless agreed otherwise, delivery will take place to the address that the Customer has provided to Basale. If an incorrect address is entered when ordering, resulting in incorrect shipping, the resulting costs will be borne by the Customer.
5.4 Basale strives to deliver within 1-3 working days in the Netherlands. Outside the Netherlands, but in Europe, the Customer must take into account a delivery time of at least 3-4 working days.
5.5 The delivery times mentioned in the previous paragraph are only an indication and are never a strict deadline. Basale may state further information regarding delivery times on the Website or make it known in any other way. Such information is only indicative.
5.6 Different conditions may apply to deliveries abroad,
5.7 Basale is not responsible for any delay or damage that occurs during delivery by any carrier engaged by Basale. When shipping to addresses outside the Netherlands, a longer transport time must be taken into account.
5.8 The Customer must carefully follow the instructions and warnings as stated on the Website and packaging.

article 6 Inspection upon delivery

6.1 The Customer is obliged to investigate with due speed after delivery whether Basale has properly fulfilled the Agreement and is also obliged to immediately inform Basale in writing if it appears to the contrary.
6.2 Basale is always entitled to substitute a new sound performance for a previous faulty performance, unless the default cannot be remedied.
6.3 The fulfillment of the Agreement is considered sound between both parties if the Customer has failed to carry out the investigation or notification as referred to in paragraph 1 of this article in a timely manner.
6.4 The performance of Basale is in any case regarded as sound between the parties if the Customer has taken into use, modified or processed the delivered goods or part of the delivered goods, delivered them to third parties, or had them taken into use, or had them edited. or process it or have it delivered to third parties, unless the Customer has complied with the provisions of the first paragraph of this article.
6.5 See article 11 for further warranty provisions.

article 7 Retention of title

7.1 The title to the delivered goods is only transferred if the Customer has paid all that it owes Basale under any Agreement.
7.2 If the goods sold have been delivered but not yet paid for, the Customer may not hand them over or make them available to third parties on the basis of any title or name whatsoever. This includes, among other things, the (partial) transfer of ownership, (collateral) pledge or non-possessory pledge

Article 8 Right of withdrawal and return

8.1 When purchasing non-specified standard items from the existing range, the Customer has the option of dissolving the Agreement without giving reasons during fourteen (14) days. This period starts on the day after receipt of the Article by the Customer or a representative designated in advance by the Customer and made known to Basale.
8.2 During the cooling-off period, the Customer will handle the Article and the packaging with care. He/she will only unpack or use the Article to the extent necessary to assess whether he wishes to keep the Article. If he/she exercises his right of withdrawal, he/she will return the complete order with all accessories supplied and - if reasonably possible - in the original condition and packaging to Basale, in accordance with the reasonable and clear instructions provided by Basale.
8.3 If the Customer makes use of the right of withdrawal, only the costs of returning will be borne by him/her.
8.4 If the Customer has already paid the fee due, Basale will refund this amount as soon as possible, but no later than fourteen (14) days after the return or cancellation.
8.5 Excluded from the right of withdrawal are Articles that have been created by Basale in accordance with the Customer's specifications, such as (not exhaustive) after delivery of a design or specific texts.
8.6 Basale reserves the right to refuse returned Articles (within or outside the withdrawal period of fourteen (14) days) or to credit only part of the amount paid, if it is suspected that the Article has been used, the packaging (entirely or partially) is damaged, used or damaged by the fault of the Customer or if the original order is no longer complete.
8.7 Basale provides the Customer with a model form for the purpose of the right of withdrawal.

article 9 Communication

9.1 The Customer and Basale expressly agree that a valid Agreement is concluded by using electronic forms of communication, as soon as the conditions in Article 2 have been met. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of Basale will, insofar as the law allows, serve as a presumption of evidence
9.2 For misunderstanding, mutilation, delays or improper transmission of orders and communications as a result of the use of the internet or any other means of communication in the traffic between the Customer and Basale, or between Basale and third parties, insofar as it relates to the relationship between the Customer and Basale, Basale is not liable, unless and insofar as there is intent or gross negligence on the part of Basale.

article 10 Force majeure

10.1 Without prejudice to its other rights, in the event of force majeure, Basale has the right, at its own discretion, to suspend the execution of the order or to dissolve the Agreement without judicial intervention. The Customer will be notified of this in writing. In this case, Basale will not be obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
10.2 In these Terms and Conditions, force majeure means, in addition to what is understood in that area in the law and jurisprudence, all external causes, foreseen or unforeseen, over which Basale cannot exert any influence, but as a result of which Basale is unable to fulfill its obligations. come. Force majeure is also understood to mean malfunctions in a (telecommunication) network or connection or used communication systems and/or the unavailability of the internet site at any time.
10.3 Parties can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to pay damages to the other party.
10.4 Insofar as Basale has already partially fulfilled its obligations under the Agreement at the time of the commencement of force majeure or will be able to fulfill them, and the part fulfilled or to be fulfilled has independent value, Basale is entitled to part to be invoiced separately. The Customer is obliged to pay this invoice as if it were a separate agreement.

article 11 Warranty

10.1 The Articles to be delivered by Basale meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended under normal use in the Netherlands, or the Articles meet the requirements that have been specifically agreed in an Agreement. .
10.2 Basale gives a guarantee of 2 (two) years on the Article. This warranty applies to the construction, but not to scratches, dents, warping and only with demonstrable normal use.
10.3 The guarantee referred to in this article applies to Articles intended for use within the Netherlands. When used outside the Netherlands, the Customer must verify whether its use is suitable for use there and whether it meets the conditions set for it.
10.4 No warranty is given if defects are the result of:
• normal wear and tear;
• humidity/weather conditions;
• not following instructions correctly;
• improper use;
• maintenance that has not been carried out or has been carried out incorrectly;
• installation, assembly, modification or repair by the Customer or by third parties.
10.5 The paint/lacquer of the Article is excluded from the guarantee.
10.6 Corrosion is not covered by the warranty.
10.7 The Customer can only invoke the guarantee after he has fulfilled all his (payment) obligations towards Basale.
10.8 The Customer cannot transfer any rights under this article. Return shipments of Articles already delivered by Basale will only be accepted by the latter after written permission from Basale. These returns are entirely at the expense and risk of the Customer.
10.9 The aforementioned paragraphs do not affect the rights and claims that the Customer can assert against Basale under consumer law with regard to a shortcoming in the fulfillment of Basale's obligations.

Article 12 Liability

12.1 If Basale should be liable, this liability is limited to what has been arranged in this provision.
12.2 The total liability of Basale due to an attributable shortcoming in the fulfillment of the Agreement is limited to the payment that takes place in the relevant case on the basis of its professional and/or business liability insurance, plus the deductible under that insurance.
12.3 If no cover is provided on the basis of the professional or business liability insurance, any liability is limited to compensation for direct damage up to the amount of the price stipulated for that Agreement (excluding VAT) with a maximum of € 500.00 (five hundred euros). ).
12.4 The aforementioned limitations of liability do not apply in the event of gross negligence or intent on the part of Basale managers.
12.5 Basale's liability for damage related to death or physical injury is limited to the amount paid out on the basis of an insurance agreement concluded by Basale in this respect.
12.6 Basale is only liable for direct damage. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to remedy Basale's defective performance of the Agreement answer, insofar as these can be attributed to Basale and reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to limitation of direct damage as referred to in these Conditions.
12.7 Not eligible for reimbursement:
• consequential damage such as stagnation damage;
• loss of production, loss of profit, transport costs and travel and accommodation costs;
12.8 The Customer is obliged to report damage to Basale in writing within fourteen (14) days after the damage incident. If this notification is not made or is made too late, Basale is in no way obliged towards the Customer to undo the damage suffered.
12.9 Basale accepts no liability for any consequences of not having Articles in stock.
12.10 Basale is not liable for advice stated on the Website, as well as deviations in prices, images and texts from the data included on the Website or other Basale documentation.
12.11 The limitation of liability as stipulated in this article applies equally to employees, employees and all other persons used by Basale for the implementation of the Agreement.
12.12 After twelve (12) months, counting from the day of delivery, any right of the Customer vis-à-vis Basale in respect of damage caused by any shortcomings and/or errors on the part of Basale in the performance of the Agreement will lapse.
12.13 The aforementioned paragraphs do not affect the rights and claims that the Customer can assert against Basale under consumer law with regard to a shortcoming in the fulfillment of Basale's obligations.

article 13 Intellectual property

13.1 The Customer must fully and unconditionally respect all intellectual property rights vested in the Articles delivered by Basale.
13.2 The Customer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the Articles and/or with regard to the Website are vested in Basale, its suppliers or other entitled parties.
13.3 Printed matter and images of Articles may not be used without permission from Basale.
13.4 The Customer is not permitted to make use, including making changes, of the intellectual property rights as described in this article, such as reproduction, without the express prior written permission of Basale, its suppliers or other entitled parties, unless it only concerns private use in relation to the item itself.
13.5 The Customer indemnifies Basale, both in and out of court, against all claims that third parties may assert under the Copyright Act 1912 or other national, supranational or international regulations in the field of copyright, with regard to the performance of the Agreement.

article 14 Personal data

14.1 Personal data is stored in Basale's customer system in order to process orders.
14.2 The customer has the right at any time to ask Basale what data is present in the database and to change it. Basale cannot guarantee the security of the Customer's personal data transmitted over the Internet, as there is a possibility that such personal data could be intercepted. Basale cannot be held liable in any way for this.
14.3 If the Customer registers on the Basale Website, the Customer undertakes to provide the correct information. Passing on false information is against the conditions on the Website. Failure to provide information requested during the order and necessary for the processing and shipping of the order, the preparation of invoices and the activation of the guarantee, will lead to the cancellation of the order. This is without prejudice to Basale's right to compensation.
14.4 If the Customer gives permission for the processing of his data for the easy processing of new orders and for being able to receive offers and other commercial communications that Basale deems useful to the Customer, his data will be included in a central database of Basale and will be used for this purpose. used. Only Basale can send the Customer e-mail in the context of promotional activities, insofar as the Customer agrees. The Customer can at any time cancel its consent or registration for the newsletter, for example. You can unsubscribe online via e-mail.

article 15 Dutch law and disputes

15.1 Every Agreement concluded by Basale is exclusively governed by Dutch law.
15.2 Disputes that may arise between the parties as a result of the Agreement or as a result of further agreements resulting from it, will be settled by means of arbitration at the DigiTrage foundation, established in Utrecht.
15.3 The procedure takes place via http://www.digitrage.nl in accordance with the Process Rules of the DigiTrage Foundation. The Process Rules are published on the aforementioned website. The Process Regulations can also be requested from Basale and form part of the Agreement.
15.4 Each party also has the right to turn to the competent government court as long as the dispute has not been submitted to the DigiTrage foundation.
15.5 In the event that Basale submits a dispute to the DigiTrage foundation, but the Customer prefers proceedings before the government court, the Customer must make this known in writing within one month after the submission.
15.6 The aforementioned provisions also apply if an Agreement is fully or partially implemented abroad or if the party involved in the legal relationship is domiciled there. The Vienna Sales Convention (CISG) is not applicable, nor are any other international regulations from which exclusion is permitted.

Article 16 Location and change Conditions

16.1 These Terms and Conditions have been filed with the Chamber of Commerce and will be sent free of charge by Basale upon request. These Conditions can also be downloaded and saved via the Website.
16.2 The most recently filed version or the version that applied at the time of the establishment of the legal relationship with the Customer always applies.
16.3 The Dutch text of these Conditions is always decisive for the interpretation thereof.

Article 17 Identity of Basale

Basale is a trading activity of Sjors Mouthaan, located at Botermarkt 22a, 5256 AV, Heusden, registered with the Chamber of Commerce under number 64365204.

The VAT number is NL002217128B82.

Basale can be reached at the email address info@basale.eu .


Version July 2023