Terms and Conditions

1. Beatitude Creation: Beatitude Creation, established in Apeldoorn under Chamber of Commerce number 90863054.
2. Customer: the person with whom Beatitude Creation has entered into an agreement.
3. Parties: Beatitude Creation and the customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

Article 1 – Applicability of general terms and conditions

1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Beatitude Creation
2. Parties may only deviate from these conditions if they have expressly agreed to this in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Article 2 – Offers and quotations

1. Offers and quotations from Beatitude Creation are without obligation, unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum of 2 weeks, unless the parties state a different acceptance period in the offer or quotation.
3. If the customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.
4. Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed this in writing.

Article 3 – Acceptance

1. Upon acceptance of a quote or offer without obligation, Beatitude Creation retains
reserves the right to withdraw the quotation or offer within 3 days after receipt of acceptance, without the customer being able to derive any rights from this.
2. Verbal acceptance by the customer only binds Beatitude Creation after the customer has confirmed this in writing (or electronically).

Article 4 – Prices

1. All prices used by Beatitude Creation are in euros and are exclusive of VAT and any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. Beatitude Creation can change all prices that Beatitude Creation uses for its products, on its website or otherwise announced, at any time.
3. Increases in the cost prices of products or parts thereof, which Beatitude Creation could not have foreseen at the time of making the offer or concluding the agreement, may give rise to a price increase.
4. The Consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.

Article 5 – Samples and models

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 the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Article 6 – Payments and payment term

Products must be paid for immediately by Ideal, Credit Card or pay afterwards with Klarna.

Article 7 – Consequences of failure to pay on time

1. If the customer does not pay within the agreed term, Beatitude Creation is entitled to charge the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month counts for a whole month. is calculated.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Beatitude Creation
3. The collection costs are calculated on the basis of the decision on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Beatitude Creation may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Beatitude Creation's claims on the customer are immediately due and payable. 6. If the customer refuses to cooperate in the execution of the agreement by Beatitude Creation, he is still obliged to pay the agreed price to Beatitude Creation.

Article 8 – Right of complaint

1. As soon as the customer is in default, Beatitude Creation is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Beatitude Creation invokes the right of complaint by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Beatitude Creation, unless the parties make other agreements about this.
4. The costs for retrieving or returning the products will be borne by the customer.

Article 9 – Reimbursement of delivery costs

Delivery costs for orders under €50 are always paid by the customer and can only deviate from these conditions if they have expressly agreed in writing.

Article 10 – Suspension right

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 11 – Right of retention

1. Beatitude Creation can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to Beatitude Creation, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Beatitude Creation
3. Beatitude Creation is never liable for any damage that the customer may suffer as a result of using his right of retention.

Article 12 – Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Beatitude Creation against a claim against Beatitude Creation

Article 13 – Retention of title

1. Beatitude Creation remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Beatitude Creation under any agreement concluded with Beatitude Creation, including claims regarding failure to comply.
2. Until then, Beatitude Creation can invoke its retention of title and take back the goods.
3. Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Beatitude Creation invokes its retention of title, the agreement will be deemed to have been dissolved and Beatitude Creation has the right to claim damages, lost profits and interest.

Article 14 – Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Beatitude Creation, unless the parties have agreed otherwise.
3. Delivery of products ordered online will take place at the address specified by the customer.
4. If the agreed amounts are not paid or are not paid on time, Beatitude Creation has the right to suspend its obligations until the agreed part has been paid.
5. Late payment constitutes a creditor's default, with the result that the customer cannot object to Beatitude Creation for late delivery.

Article 15 – Delivery time

1. The delivery times stated by Beatitude Creation are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts after the quotation signed for approval by the customer to Beatitude Creation has been confirmed to the customer in writing or electronically by Beatitude Creation.
3. Exceeding the specified delivery time does not entitle the customer to compensation nor the right to terminate the agreement, unless Beatitude Creation cannot deliver within 14 days of written notice or the parties have agreed otherwise.

Article 16 – Actual delivery

The customer must ensure that the actual delivery of the product he ordered can take place on time.

Article 17 – Transport costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise in writing.

Article 18 – Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have the forwarder or delivery person make a note of this before receiving the product, failing which Beatitude Creation cannot be held liable. for any damage.
2. If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Beatitude Creation prior to transport, failing which Beatitude Creation cannot be held liable for any damage.

Article 19 – Custody

1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the customer.

Article 20 – Warranty

1. The warranty regarding products only applies to defects caused by defective manufacturing, construction or materials.
2. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that form the basis of an agreement between the parties is transferred to the customer at the time when they are legally and/or actually delivered, or at least come into the customer's control or from a third party who receives the product on behalf of the customer.

Article 21 – Exchange

1. Exchanging purchased items is only possible if the following conditions are met:

a. Exchanges take place within 7 days of purchase upon presentation of the original invoice.
b. The product is returned in the original packaging or with the original (price) tags still attached
c. The product has not yet been used.

2. Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer and opened and/or damaged items cannot be exchanged.

Article 22 – Indemnity

The customer indemnifies Beatitude Creation against all claims from third parties related to the products or services supplied by Beatitude Creation.

Article 23 – Complaints

1. The customer must examine a product or service provided by Beatitude Creation as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Beatitude Creation of this as soon as possible, but in any case within 1 month after discovering the shortcomings. .
3. Consumers must inform Beatitude Creation within 2 months of discovering the shortcomings.
4. The customer provides as detailed a description as possible of the shortcomings, so that Beatitude Creation is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this cannot and in any case cannot lead to Beatitude Creation being held responsible for carrying out work other than that agreed.

Article 24 – Notice of default

1. The customer must notify Beatitude Creation of notice of default in writing
2. It is the customer's responsibility that a notice of default actually reaches Beatitude Creation (in a timely manner).

Article 25 – Customer's joint and several liability

If Beatitude Creation enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Beatitude Creation under that agreement.

Article 26 – Liability of Beatitude Creation

1. Beatitude Creation is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
2. If Beatitude Creation is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. Move 22 Industries is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
4. If Beatitude Creation is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and, in the absence of (full) payment by an insurance company of the damage amount, liability is limited to (part of) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in the catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 27 – Expiration period

Any right of the customer to compensation from Beatitude Creation expires in any case 12 months after the event from which liability arises directly or indirectly.
This does not exclude the provisions of Article 6:89 of the Civil Code.

Article 28 – Right to dissolution

1. The customer has the right to terminate the agreement if Beatitude Creation attributably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
2. If the fulfillment of the obligations by Beatitude Creation is not permanently or temporarily impossible, dissolution can only take place after Beatitude Creation is in default.
3. Beatitude Creation has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if Beatitude Creation has become aware of circumstances that give him good reason to fear that the customer has will not be able to properly fulfill its obligations.

Article 29 – Force majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Beatitude Creation in the fulfillment of any obligation towards the customer cannot be attributed to Beatitude Creation in a situation independent of Beatitude Creation's will, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Beatitude Creation.
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which Beatitude Creation cannot fulfill one or more obligations to the customer, those obligations will be suspended until Beatitude Creation can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.
5. Beatitude Creation is not liable for any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Article 30 – Changes to the agreement

1. If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. The previous paragraph does not apply to products purchased in a physical store.

Article 31 – Changes to general terms and conditions

1. Beatitude Creation is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Beatitude Creation will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.

Article 32 – Transfer of rights

1. Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Beatitude Creation
2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code.

Article 33 – Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Beatitude Creation had in mind when drawing up the conditions on that point.

Article 34 – Applicability of law and competent court

1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where Beatitude Creation is established/practices/offices has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.