TERMS & CONDITIONS
General Terms and Conditions of Robert van Embricqs
Article 1: Definitions
In these General Terms and Conditions, the following terms are defined as set forth below:
a. Robert van Embricqs: Robert van Embricqs, a company having its official seat in Amsterdam, its office address at (1052 GH) Amsterdam, Fagelstraat 90-1, and registered in the Dutch Commercial Register under number 53600371, who concludes commercial agreements regarding for example: the sale, supply and / or assembling of goods;
b. Customer: any person - whether or not acting in the course of his professional practice or business – who enters into an agreement with Robert van Embricqs;
c. Work(s): the total of the work agreed upon between the Customer and Robert van Embricqs and / or goods delivered (thereto) by Robert van Embricqs;
d. Additional work: changes in the agreed Work as a result of for example additions to the agreed Work desired by the Customer or caused by information provided by the Customer to Robert van Embricqs that not corresponds to the reality;
e. Agreement(s): contractual relationship(s) by which Robert van Embricqs delivers goods, provides services, executes orders or creates any work, whether or not being Distance Agreements;
f. Distance Agreement: an agreement concluded between Robert van Embricqs and the Consumer within the framework of an organized system for distance selling of Works, whereby exclusive or joint use is made of one or more techniques up to and including the conclusion of the agreement. for remote communication;
g. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the Consumer has no right of withdrawal with regard to his order;
h. Reflection period: the period within which the Consumer can make use of his right of withdrawal;
i. Consumer: the Customer being a natural person who does not act for purposes related to his trade, business, craft or profession;
j. Right of withdrawal: the Consumer's option to waive the distance contract within the cooling-off period;
Article 2: Applicability
2.1. These conditions shall apply to all offers made by Robert van Embricqs, to all Agreements concluded and to all Agreements that may result thereof. Any general terms and conditions of the Customer are not applicable.
2.2. Changes to these conditions can only be made in writing, in which case the remaining provisions shall remain in full force.
2.3. All rights and claims, as set forth in these conditions and any further agreements that are stipulated for the benefit of Robert van Embricqs, are also stipulated for the benefit of intermediaries and other third parties of Robert van Embricqs.
2.4. If one or more provisions of these conditions or any other Agreement with Robert van Embricqs conflicts with any applicable provision of any law, the provision will lapse and will be replaced by a new similar but lawful provision adopted by Robert van Embricqs.
Article 3: Offers / prices / agreements
3.1. All offers of Robert van Embricqs are without commitment.
3.2. All prices are expressed in euros, excluding VAT and cost of packaging, transport and / or import or custom duties, unless explicitly stated otherwise. Robert van Embricqs expressly reserves the right to change prices in its offers.
3.3. If the Customer provides Robert van Embricqs with data, drawings etc., Robert van Embricqs may rely on their accuracy and shall base its offer thereon.
3.4. Slight size differences, differences in color and weights and minor changes in any construction or the goods to be delivered required for its proper performance are reserved and can not result in or be a reason for termination of the Agreement or any compensation.
3.5. An agreement can only be entered into after acceptance by Robert van Embricqs of an order / assignment of the Customer. Robert van Embricqs is entitled to refuse orders or demand certain conditions to the delivery. If an order is not accepted, Robert van Embricqs shall communicate this to the Customer within seven (7) days after the receipt of the order.
3.6. If after the conclusion of an Agreement one or more cost price factors are increased, Robert van Embricqs is entitled to increase his prices.
Article 4: Delivery time
4.1. The time for delivery and / or completion of the Work stated by Robert van Embricqs is approximate and can never be considered a deadline, unless expressly agreed otherwise. Under any circumstances exceeding the delivery time will not give the Customer a right to any compensation. The Customer is also not allowed to refuse the Work or to terminate the Agreement.
4.2. In order to determine the time for delivery and / or completion of the Work Robert van Embricqs assumes that he can execute the order in the circumstances known to him at that time.
4.3. The Work will be delivered at the place and time when the Work is ready for shipment to the Customer. The cost of shipping to the Customer shall be borne by the Customer, as well as any additional taxes such as import duties and customs duties.
4.4. In the case of Additional work the time for delivery and / or completion of the Work will be extended by the time required to deliver the materials and components thereto and to carry out the Additional work. If the Additional work can not be fitted into the schedule of Robert van Embricqs, the Work will be completed as soon as the schedule permits.
4.5. In the event of suspension of the obligations by Robert van Embricqs the time for delivery and / or completion of the Work will be extended for the duration of the suspension. If continuation of the completion of the Work can not be fitted into the schedule of Robert van Embricqs, the Work will be completed as soon as the schedule permits.
Article 5: Transfer of Risk
5.1. The risk of Work transfers to the Customer at the moment Robert van Embricqs makes the Work available to the Customer.
5.2. Notwithstanding the preceding paragraph Robert van Embricqs and the Customer may agree that Robert van Embricqs will arrange transport. The risk of storage, loading, transport and unloading lies in that case with the Customer, Robert van Embricqs is not liable for these risks. Customer may insure himself against these risks.
5.3. In the event of a swap and Customer continues to use the work to be swapped pending the delivery of the new Work, the risk of the work to be swapped remains with the Customer until he transfers the work to be swapped to the possession of Robert van Embricqs.
5.4. Any returns to Robert van Embricqs are to be done free of (delivery) costs, to an address stipulated by Robert van Embricqs and accompanied by a written statement of the reason of the return. In case of non compliance with the conditions described in the preceding sentence, Robert van Embricqs is entitled to refuse returns, respectively, to return to the Customer at the expense of the Customer. All returns are for the account and risk of the Customer.
Article 6: Retention of title and security rights
6.1. After delivery Robert van Embricqs continues the be the owner of the Work until the Customer has fulfilled all obligations arising from the Agreement between Robert van Embricqs and the Customer and the relevant conditions from these general terms and conditions.
6.2. As long there is a reservation of title on the Work supplied, the Customer may not mortgage, transfer, hire, pledge or however this may be described, loan or dispose the Work.
6.3. After Robert van Embricqs has invoked his reservation of title, he may retrieve the delivered goods without requiring any further notice. Customer guarantees that Robert van Embricqs is allowed to enter the place where the goods are located.
6.4. If Robert van Embricqs can not invoke its reservation of title because the delivered goods have been mingled, distorted or verified, the Customer is obliged to pledge or mortgage the newly formed goods to Robert van Embricqs.
Article 7: Execution of the Agreement
7.1. Customer ensures that Robert van Embricqs can carry out his activities without interruption and during normal working hours and that he, when carrying out his work, has access to the necessary facilities such as gas, water and electricity, heating, lockable dry storage and facilities prescribed under the relevant working conditions regulations.
7.2. Customer is liable for all damages, including those resulting from loss, theft, fire or damage to property of Robert van Embricqs, of Customer and / or third parties, such as tools and materials to be used for the Work, located on the site where the Work is carried out or at another agreed place.
7.3. When the Customer does not comply with the obligations set forth in the preceding paragraphs and therefore results in a delay in the execution of the work, the work will be carried out as soon as the Customer fulfills its obligations and the schedule of Robert van Embricqs permits it. Customer is liable for all damages resulting from the delay.
7.4. In the execution of the Agreement Robert van Embricqs is entitled to use third parties without notifying the Customer thereof.
7.5. If the Customer chooses for assembling c.q. installation by Robert van Embricqs, Customer remains responsible for assessing / judge the substructure to be used. If Robert van Embricqs or a third party hired by him does not consider it adequate to assemble c.q. install, the goods are left without assembling c.q. install it. Customer remains liable for payment of the agreed invoice amount.
7.6. Additional work will lead to an extra charge on top of the agreed contract price.
Article 8: Right of withdrawal
8.1. The Consumer can dissolve an agreement with regard to the purchase of a Work during a reflection period of at least 14 days without stating reasons. Robert van Embricqs may ask the Consumer for the reason for withdrawal, but not oblige him to state his reason(s).
8.2. The reflection period referred to in paragraph 1 starts on the day after the Consumer, or a third party designated in advance by the Consumer, who is not the carrier, has received the Work, or:
a. if the Consumer has ordered several Works in the same order: the day on which the Consumer, or a third party designated by him, has received the last Work. Robert van Embricqs may, provided he has clearly informed the Consumer about this prior to the ordering process, refuse an order for several Works with different delivery times.
b. if the delivery of a Work consists of several consignments or parts: the day on which the Consumer, or a third party designated by him, has received the last consignment or the last part;
c. in the case of agreements for regular delivery of Works during a certain period: the day on which the Consumer, or a third party designated by him, has received the first Work.
Extended reflection period for products that have not been delivered on a material carrier in the event of not informing about the right of withdrawal:
3. If Robert van Embricqs has not provided the Consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
4. If Robert van Embricqs has provided the Consumer with the information referred to in the previous paragraph within twelve months of the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the Consumer received that information.
Article 9: Obligations of the consumer during the reflection period
9.1. During the reflection period, the Consumer will handle the Work and the packaging with care. He will only unpack or use the Work to the extent necessary to determine the nature, characteristics and functioning of the Work. The basic principle here is that the Consumer may only handle and inspect the Work as he would be allowed to do in a shop.
9.2. The Consumer is only liable for depreciation of the Work that is the result of a way of dealing with the Work that goes beyond what is permitted in paragraph 1.
9.3. The Consumer is not liable for depreciation of the Work if Robert van Embricqs has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 10: Exercise of the right of withdrawal by the consumer and costs thereof
10.1. If the Consumer makes use of his right of withdrawal, he must report this to Robert van Embricqs within the reflection period by means of the model withdrawal form or in another unambiguous manner.
10.2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the Consumer returns the Work or hands it over to (an authorized representative of) Robert van Embricqs. This is not necessary if Robert van Embricqs has offered to collect the Work himself. The Consumer has in any case observed the return period if he returns the Work before the reflection period has expired.
10.3. The Consumer shall return the Work with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Robert van Embricqs.
10.4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the Consumer.
10.5. The Consumer bears the direct costs of returning the Work. If Robert van Embricqs reports that he will bear the costs himself, the Consumer does not have to bear the costs for return.
10.6. If the Consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 11: Obligations of Robert van Embricqs in the event of withdrawal
11.1. If Robert van Embricqs enables the notification of withdrawal by the Consumer electronically, he will immediately send a confirmation of receipt after receipt of this notification.
11.2. Robert van Embricqs will reimburse all payments made by the Consumer, including any delivery costs charged by Robert van Embricqs for the returned Work, without delay but within 14 days following the day on which the Consumer notifies him of the withdrawal. Unless Robert van Embricqs offers to collect the Work himself, he may wait with repayment until he has received the Work or until the Consumer demonstrates that he has returned the product, whichever is the earlier.
11.3. Robert van Embricqs uses the same payment method that the Consumer has used for reimbursement, unless the Consumer agrees to another method. The refund is free of charge for the Consumer.
11.4. If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Robert van Embricqs does not have to reimburse the additional costs for the more expensive method.
Article 12: Exclusion right of withdrawal
Robert van Embricqs can exclude the following Works from the right of withdrawal, but only if Robert van Embricqs has stated this clearly in the offer, at least in good time before the conclusion of the agreement:
1. Service agreements, after full performance of the service, but only if:
a. the execution has started with the explicit prior consent of the Consumer; and
b. the Consumer has declared that he will lose his right of withdrawal as soon as Robert van Embricqs has fully performed the agreement;
2. Works manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person. This in any case includes the furniture that Robert van Embricqs makes to order, whereby the Consumer has made choices with regard to material and color;
Article 13: Complaints
13.1. Customer can not invoke a defect in the performance if he does not do so by a written complaint to Robert van Embricqs within ten days after the defect is discovered or reasonably should have been discovered.
13.2. Robert van Embricqs should be able to check submitted complaints.
13.3. No complaints, warranty claim or claim gives the Customer the right to fully or partially suspend its obligations, or to withhold or consider his obligations expired.
13.4. Repairs to the delivered works by or on behalf of the Customer, of whatever nature and for whatever reason made, will not be reimbursed by Robert van Embricqs.
Article 14: Guarantee
14.1. After delivery of the goods or execution of the Agreement Robert van Embricqs gives the following guarantees:
two years on the wood; one year on the connection components (hinges). For the not specifically named product components Robert van Embricqs gives a guarantee for a period of six months.
14.2. If the agreed performance consists of the delivery of an object, Robert van Embricqs guarantees during the period mentioned in paragraph 1 the soundness of the delivered object. If it appears that the delivered object has not been sound, the object must be returned to Robert van Embricqs. After Robert van Embricqs receives the returned object he will choose whether to repair the object, replace the object, or to provide the Customer with a credit note for a proportionate part of the invoice.
14.3. If the agreed performance consists (among other things) of the installation and / or assembly of a delivered object, Robert van Embricqs guarantees during the period mentioned in paragraph 1 the soundness of the installation and / or assembly. If it appears that the installation and / or assembly proves to be defective, Robert van Embricqs will repair this. Any hotel and traveling expenses and the costs associated with climbing equipment and a platform will be borne by the Customer. Customer ensures that the access to the delivered object is in no way hampered.
14.4. Those parts for which the Customer and Robert van Embricqs have expressly agreed in writing and provided that the Customer has had the opportunity to take note of the content of the manufacturer´s guarantee, the manufacturer's guarantee shall apply. Disassembly and assembly of those parts, plus any travel, accommodation and / or transport costs are borne by the Customer.
14.5. In all events Customer must provide Robert van Embricqs the opportunity to repair the defect and / or re-run the process and make available all necessary facilities as mentioned in article 7.1 to Robert van Embricqs.
14.6. Customer may only invoke guarantees after he has fulfilled all obligations in relation to Robert van Embricqs.
14.7. By redelivery, replace or repair the guarantee period is not extended or renewed.
14.8. No guarantee is given for defects like, or defects that result from:
unsound (for example inadequate leveled or not permanently dry) attachment and assembly locations, normal wear and tear, misuse, use contrary to the handling-, use- and disposal guidelines, lack of (proper) maintenance, installation, assembly, modification or repair by the Customer or a third party, damage caused by unforeseen, temporary or permanent harmful effect(s) of the area, including the environment.
14.9. No guarantee is given for delivered objects that were not new at the time of delivery or for objects prescribed by the Customer or provided by or on behalf of him.
14.10. No guarantee is given on inspections and / or repairs to objects of the Customer.
14:11. No guarantee is given for the following product characteristics on which the Customer is alerted:
a. traces on the surface of the material caused by the friction of moving slats. This can be caused by, among other folding and unfolding of the Works.
b. The emergence of sound due to the use of the material.
c. Discoloration which can not be prevented from a technical point of view or which are generally allowed, as well as other minor deviations of any kind whatsoever.
d. the occurrence of discolorations, splits and / or hairline fractures caused by the action of heat sources such as solar and heating systems.
e. changes in the temperature or the humidity percentage in the room in question.
Article 15: Liability
15.1. Robert van Embricqs is not liable for damages of Customer or third parties on any grounds whatsoever, including all direct and indirect damage, such as consequential damage or trading damage, unless such damage is caused by gross negligence of Robert van Embricqs (except of helpers or non-management employees of Robert van Embricqs).
15.2. If Robert van Embricqs cannot invoke the previous paragraph, Robert van Embricqs shall only be liable to the Customer for a compensation for the damage of maximum the amount of the invoice excluding VAT. In any event all liability against Robert van Embricqs or others engaged by him will lapse after twelve months after the occurrence of the beginning of the damage.
15.3. Without prejudice to paragraphs 1 and 2, Robert van Embricqs is not liable for damages resulting from errors or any default of third parties entrusted by Robert van Embricqs with the supply of materials or the performance of services and / or activities. Also Robert van Embricqs is not liable for damage that occurs as a result of goods delivered by third parties, unless Robert van Embricqs can claim the damage at the relevant third party.
15.4. Without prejudice to paragraph 1 and 2, Robert van Embricqs will never be liable if the Customer and / or third parties has / have changed in any way the goods delivered by Robert van Embricqs, including reparation by the Customer and/or third parties, and including the event the Customer did not followed up / does not follow up the advice of Robert van Embricqs.
15.5. Customer is obliged to indemnify Robert van Embricqs against all claims by third parties for any compensation against Robert van Embricqs in connection to the execution of any Agreement between Robert van Embricqs and the Customer and in case the Customer followed any recommendation or advise made by Robert van Embricqs in connection to his studies, opinions and / or reports.
15.6. Customer is responsible for all costs arising from the indemnity referred to in the preceding paragraph.
15.7. Without prejudice to paragraphs 1 and 2, Robert van Embricqs is not liable for any damage to material supplied by or on behalf of the Customer due to improper processing.
15.8. Customer indemnifies Robert van Embricqs for all third party claims for product liability as a result of defects of products provided by the Customer to a third party, which consisted (partly) of products and / or materials of Robert van Embricqs.
15.9. Customer indemnifies Robert van Embricqs for any claim by third parties relating to the use of drawings, calculations, designs, materials, samples, and models etc., supplied by or on behalf of the Customer.
15.10. For advice provided by Robert van Embricqs, Robert van Embricqs accepts no liability on any grounds whatsoever.
15:11. For drawings, designs, calculations, instructions, materials and so on which are given or prescribed to Robert van Embricqs by or on behalf of the Customer regarding the execution of the Agreement, Robert van Embricqs accepts no responsibility or liability for whatever reason.
15:12. The content of the website of Robert van Embricqs, and the content of all other statements made by Robert van Embricqs, for example regarding the dimensions and colors are made with the utmost care. Robert van Embricqs can not give any guarantees concerning the nature, accuracy or content of this information. Robert van Embricqs shall not be liable for any errors or inaccuracies or for the consequences of using the information.
Article 16: Force Majeure
16.1. Robert van Embricqs has the right to suspend the performance of his obligations if he is temporarily unable to fulfill his obligations due to any circumstances that could not be foreseen at the conclusion of the Agreement and which are beyond his control.
16.2. Under circumstances that could not be foreseen by Robert van Embricqs and which are beyond his control is – amongst other things – understood: the circumstance that suppliers and / or subcontractors of Robert van Embricqs do not or not timely fulfill their obligations, the weather, earthquakes, fires, loss or theft of tools, government decisions, loss of processed materials, road blockades, strikes or work stoppages and import or trade restrictions.
16.3. Robert van Embricqs is no longer entitled to suspension if the temporary impossibility to fulfill his obligations has lasted for more than six months. The Agreement may be terminated after the expiry of that period, and only for that part of the obligations that were not met by Robert van Embricqs. In this event the parties are not entitled to compensation of the damage suffered or to be suffered as a result of the termination.
Article 17: Uncollected goods
If after the expiry of the delivery time goods have not been collected for, they remain at the disposal of the Customer. Uncollected goods shall be stored at the expense and risk of the Customer. Robert van Embricqs is allowed to apply the provisions of article 6:90 of the Dutch Civil Code.
Article 18: Payment
18.1. Payment shall be made on the location of Robert van Embricqs or on an account designated by Robert van Embricqs.
18.2. Invoices must be paid within fourteen days after the invoice date. If the Customer fails to do so he will be in default without giving a notice thereto and he will owe to Robert van Embricqs an interest of one percent (1%) per month on the outstanding principal amount from the due date.
18.3. Robert van Embricqs has the right to make extra conditions to the execution of the Work, such as asking a (full) payment in advance or a provision of adequate security for payment. If the Customer does not comply within the prescribed period, he will be immediately in default. In that case Robert van Embricqs has the right to terminate the agreement and claim a compensation from the Customer for any damages/loss.
18.4. The right of the Customer to settle its claims against Robert van Embricqs is excluded, except in case of bankruptcy of Robert van Embricqs.
18.5. The full claim for payment shall be immediately due and payable if a period for payment is exceeded, the Customer has been declared bankrupt or requests suspension of payment, goods or claims of the Customer have been seized, the Customer (in case he is a company) is dissolved or liquidated, the Customer (in case he is natural person) request to be admitted to any legal or extrajudicial debt restructuring, is placed under guardianship or dies.
18.6. In the event the Customer fails to complete full payment of the amounts invoiced by Robert van Embricqs to the Customer, the Customer has to pay to Robert van Embricqs (inter alia) extrajudicial (collection) costs, as set put below:
a) If the Customer is not acting in the course of his professional practice or business, Robert van Embricqs has the right to receive an amount equal to the statutory maximum reimbursement for extrajudicial collection costs, as defined in and calculated in accordance with the Decree Fee for Extrajudicial Collection Costs (‘Besluit vergoeding voor buitengerechtelijke incassokosten’) if the outstanding amount - after the occurrence of the failure – is not paid by the Customer within 14 days from the day after the date of a default notice (‘aanmaning’).
b) If the Customer is acting in the course of his professional practice or business, article 6:96 paragraph 5 of the Dutch Civil Code and the Decree Fee for Extrajudicial Collection Costs (‘Besluit vergoeding voor buitengerechtelijke incassokosten’) shall not apply and Robert van Embricqs has the right to receive a compensation for and payment of extrajudicial (collection) costs, which will be set at an amount equal to fifteen percent (15%) of the total outstanding principal amount with a minimum of seventy-five euros for each full or partial unpaid invoice. If the actual extrajudicial costs exceed those based on this formula, the actual costs are due.
18.5. If the Customer is in default with any payment, Robert van Embricqs is entitled to suspend or dissolve (the execution of) the Agreement and all related agreements.
18.6. Payment by the Customer implies that the Customer recognizes the invoice that he is due.
Article 19: Intellectual property rights
19.1. Unless otherwise agreed in writing, Robert van Embricqs retains the intellectual property rights to: the offers made by him, and to designs, illustrations, drawings, (test) models, software etc. provided by him.
19.2. The rights as mentioned in paragraph 1 remain the property of Robert van Embricqs whether or not the Customer was charged for the manufacturing thereto. This data may not be copied, used or shown to third parties without the prior written consent of Robert van Embricqs. For each violation of this provision the Customer is due to Robert van Embricqs a penalty of € 5000,-. This penalty may be claimed in addition to any other compensation in accordance with the law.
19.3. The Customer shall return the data supplied to him as referred to in paragraph 1 at the first request to Robert van Embricqs and within the period specified by Robert van Embricqs. In case of violation of this provision the Customer is due to Robert van Embricqs a penalty of € 1000,- per day. This penalty may be claimed in addition to any other compensation in accordance with the law.
19.4. Also with regard to the goods to be delivered by Robert van Embricqs, Robert van Embricqs retains the intellectual property rights of these goods. These rights remain the property of Robert van Embricqs and shall not transfer to the Customer when the goods are purchased by the Customer. Customer is not authorized to distribute images, recordings or other records of the delivered goods. In case of violation of this provision the Customer is due to Robert van Embricqs a penalty of € 5000,-. This penalty may be claimed in addition to any other compensation in accordance with the law.
19.5. The Customer is not permitted to remove or change indications concerning intellectual property rights on / in the Work delivered by Robert van Embricqs.
Article 20: Termination
20.1. If the Customer does not timely or properly fulfill one or more of its obligations under the Agreement, Robert van Embricqs is entitled, without further notice or judicial intervention and without being obliged to pay any compensation and without prejudice to any other rights of Robert van Embricqs, to suspend the execution of the Agreement and / or to terminate the relevant Agreement with immediate effect by giving the Customer a written notice.
20.2. If the Customer at the time of termination has already received benefits from the execution of the Agreement, the Agreement is only partially dissolved and only for that part which has not yet been performed by Robert van Embricqs. Amounts that Robert van Embricqs has invoiced before the dissolution regarding to what he already performed or delivered under the Agreement remain due and/or will be immediately due at the time of the dissolution.
20.3. If the Customer wishes to dissolve the Agreement without the existence of a failure of Robert van Embricqs and Robert van Embricqs agrees, the Agreement is terminated by mutual consent. In that case Robert van Embricqs has the right to a compensation of all pecuniary damage, such as losses, loss of profit and costs incurred.
20.4. In case of a distance agreement the Consumer has the right to dissolve the purchase within fourteen days after receipt of the purchased goods, without giving any reasons thereto.
Article 21: Conversion
If and in so far any provision of these Terms and Conditions does not apply due to the law, a similar as possible meaning (both in content as in effect) will be given to that provision so that it may be invoked due to the law.
Article 22: Applicable law and competent court
22.1. All agreements between Robert van Embricqs and the Customer and their execution is exclusively governed by Dutch law.
22.2. All disputes between Robert van Embricqs and the Customer shall be submitted to the competent judge in the place where Robert van Embricqs has its seat.
22.3. In the case of conflict between the Dutch and the English version of these terms and conditions, the Dutch version will prevail.