Terms of service

General Terms and Conditions of On Earth

Email: Onearthdesign@gmail.com Website: Https://on-earth.nl

Definitions:

On Earth: On Earth, located in Emmen, registered with the Chamber of Commerce under number 68894309.

Client: the person with whom On Earth has entered into an agreement.

Parties: On Earth and client together.

Consumer: a client who is also an individual and who acts as a private person.

Applicability of the general terms and conditions:

These terms and conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of On Earth.

Parties can only deviate from these conditions if they have expressly agreed to do so in writing.

Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the client or third parties.

Prices:

All prices that On Earth uses are in euros, including VAT, and exclusive of any additional costs such as administrative costs, taxes, and travel, shipping, or transport costs, unless expressly stated otherwise or agreed otherwise.

All prices that On Earth uses for its products on its website or otherwise, can be changed by On Earth at any time.

Increases in the costs of products or parts thereof, which On Earth could not have foreseen at the time of the offer or the conclusion of the agreement, may lead to price increases.

The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is due to a legal regulation.

Samples and models:

If the client has received a sample or model of a product, he can only derive from it 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.

Payments and payment terms:

On Earth may request an advance payment of up to 50% of the agreed amount upon entering into the agreement.

The client must have made payments after delivery within 0 days.

Payment terms are considered to be fatal payment terms. This means that if the client has not paid the agreed amount no later than on the last day of the payment term, he is automatically in default and in default, without On Earth having to send the client a reminder or put him in default.

On Earth reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.

Consequences of not paying on time:

If the client does not pay within the agreed term, On Earth is entitled to charge statutory interest of 2% per month for non-commercial transactions, starting from the day that the client is in default, with a portion of a month counting as a whole month.

If the client is in default, he is also liable to pay extrajudicial collection costs and any damages to On Earth. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

If the client does not pay on time, On Earth may suspend its obligations until the client has fulfilled his payment obligation.

In case of liquidation, bankruptcy, attachment or suspension of payment on the part of the client, On Earth's claims on the client are immediately due and payable.

If the client refuses to cooperate in the execution of the agreement by On Earth, he is still obliged to pay the agreed price to On Earth.

Right of reclam:

As soon as the client is in default, On Earth is entitled to invoke the right of reclam with regard to the unpaid goods.

 

The terms and conditions state that the customer must ensure that the physical delivery of the ordered products can take place on time.

Transport costs are borne by the customer, unless the parties have agreed otherwise.

If the packaging of a delivered product is opened or damaged, the customer must have a note made by the carrier or delivery person before accepting the product, failing which On Earth cannot be held liable for any damage.

If the customer arranges transport of a product himself, he must report any visible damage to the product or packaging to On Earth prior to transport, failing which On Earth cannot be held liable for any damage.

If the customer only takes delivery of ordered products at a later date than the agreed delivery date, the risk of any loss of quality is entirely borne by the customer. Any additional costs resulting from premature or delayed acceptance of products will be entirely borne by the customer.

The warranty with regard to products only applies to defects caused by defective manufacturing, construction or material. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or improper use by the customer, or when the cause of the defect cannot be clearly determined. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the time they are legally and/or factually delivered, or at least come into the possession of the customer or a third party who receives the product on behalf of the customer.

Exchanges are only possible if the following conditions are met: exchange takes place within 7 days of purchase upon presentation of the original invoice, the product is returned in the original packaging or with the original (price) tags attached, and the product has not been used. Discounted items, perishable items such as food, customized items or items specially adapted for the customer cannot be exchanged.

The customer indemnifies On Earth against all claims by third parties related to the products and/or services provided by On Earth.

The customer must examine a product or service provided by On Earth for any defects as soon as possible. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform On Earth of this as soon as possible, but in any case within 1 month of discovering the defects. Consumers must inform On Earth of such defects no later than 2 months after discovering them. The customer provides a detailed description of the defects, so that On Earth is able to respond adequately. The customer must demonstrate that the complaint relates to an agreement between the parties. If a complaint relates to ongoing work, this cannot in any case lead to On Earth being obliged to perform other work than agreed.

The customer must make any formal notices of default known to On Earth in writing. It is the customer's responsibility to ensure that a notice of default actually reaches On Earth (in a timely manner).

If On Earth enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to On Earth under that agreement.