NDITIONS DE TEGEL BV

Article 1. Applicability

These terms and conditions apply to agreements we enter into for the supply of goods to our buyers.

Wherever these general terms and conditions refer to "buyer," this is understood to mean any natural or legal person who has a contractual relationship with us based on a purchase agreement or wishes to enter into another type of agreement with us. Specifically, "buyer" also refers to anyone on whose behalf and at whose expense goods are delivered. The term "buyer" in this context refers to businesses operating in the construction industry or related fields, also known as "professional customers."

Deviations from these general terms and conditions are only valid if expressly agreed upon in writing.

If the buyer refers to their own general terms and conditions, these do not apply unless they do not conflict with our general terms and conditions. In that case, only the provisions of our terms and conditions apply. Any conflicting provision in the buyer’s terms and conditions does not alter this.

The term "delivery (of goods)" in these general terms and conditions also includes the performance of services and work of any kind.

Article 2. Quotations

All our quotations are considered invitations to potential buyers to purchase products from us. They are in no way binding upon us unless explicitly stated otherwise in writing within the quotation. An order given to us is considered acceptance of the offer, which is only deemed accepted after our written confirmation (order confirmation).

Our quotations may include designs, drawings, models, samples, descriptions, images, and related documents, which remain our property. They must be returned upon our request and may not be copied or provided to third parties without our express written consent. We also retain all intellectual and industrial property rights.

If an order based on our quotation is not placed within 30 days of the quotation date, the offer expires.

Article 3. Formation of Agreement

An agreement is only concluded once we have accepted an order in writing. The agreement is deemed to be concluded when we send the order confirmation.

Professional buyers must place their orders via our dealer portal at (dealers.tegelbv.com). We are not liable for orders submitted by other means that do not reach us or are misplaced. We reserve the right not to process orders that are not placed through the portal.

Deviations from these general terms and conditions are only valid if expressly agreed upon in writing.

Additional agreements and/or commitments made by our employees or representatives are only binding if confirmed in writing by our authorized directors.

All orders must specify a desired delivery date. If no delivery date is provided, we will deliver at the next available opportunity. A confirmed delivery date may be extended by the buyer by a maximum of 15 working days.

Article 4. Prices

Our prices are exclusive of VAT and, unless otherwise agreed upon in writing, do not include packaging, transportation, and other costs.

We reserve the right to charge the buyer for cost increases occurring after the agreement date but before delivery. We also reserve the right to cancel the agreement in such cases without legal intervention. The buyer has the same right if we invoke a price increase within three months of concluding the agreement. If the buyer exercises this right, they must notify us in writing within five days of receiving our notice.

Article 5. Delivery and Delivery Periods

The delivery periods we provide commence on the date the agreement is concluded, provided we have all necessary information to execute the order. The indicated delivery times are not final deadlines. If delivery is delayed, we must be given written notice of default. If a penalty for exceeding the delivery time is agreed upon in an individual contract, it does not apply if the delay is due to force majeure as stated in Article 10.

Transportation and packaging costs are at the buyer’s risk and expense. Foreign buyers receive delivery from our warehouse in Alkmaar unless otherwise agreed. Customs clearance and other import/export duties are the buyer’s responsibility unless agreed otherwise in writing.

Unless the buyer arranges for a carrier, we will ship the goods via a method we deem appropriate, using carriers of our choice, at the buyer’s expense and risk.

If the buyer requests an alternative delivery method, we may charge additional costs. The buyer must provide a complete and accurate delivery address, a contact person, and any relevant delivery details.

If delivery is not possible due to non-compliance with Article 5.4, all resulting costs are the buyer’s responsibility.

If delivery occurs in installments, each installment is considered a separate transaction.

The buyer must accept the purchased goods within the agreed time. If they fail to do so, we may, at our discretion, seek a court ruling under Article 6:60 of the Dutch Civil Code to release us from our delivery obligation or demand payment for the undelivered portion. If the buyer does not fulfill their payment obligation, we are entitled to terminate the agreement without legal intervention. If the buyer delays the acceptance of already produced goods beyond the originally agreed delivery date, a storage fee of €2.50 per pallet per week and €5.00 per pallet for both inbound and outbound handling applies, payable before shipment. If storage at a third-party location is required, the same conditions apply.

Article 6. Buyer Complaints

The buyer is responsible for the accuracy and completeness of the information provided. Buyers must account for minor deviations in sizes, colors, and quantities. Color variations between screen images and actual products are not grounds for complaints. Complaints are only valid for manufacturing defects or faulty materials.

Complaints about visible defects must be reported in writing within five working days of delivery or invoice date, including a detailed description, invoice reference, and supporting photos. Processed products cannot be returned.

Hidden defects must be reported within five working days of discovery under the same conditions.

The buyer’s right to claims expires if complaints are not submitted on time, if the goods were not inspected upon delivery, if the tiles have been processed, if cooperation in the investigation is refused, or if improper use or storage is proven.

Disputes over quality will be settled by an independent, reputable agency appointed by us.

We reserve the right to reject complaints about known imperfections.

Article 7. Liability

We are only liable for defects caused by manufacturing or material faults unless the manufacturer assumes responsibility.

If a complaint is valid, we will either repair, replace, refund, or offer an alternative compensation at our discretion.

Unauthorized repairs or modifications by the buyer void all warr

We are not liable for consequential or business damages, including loss of profit or operational losses.

Buyers may only return goods with prior written consent and in unopened packaging. A 25% restocking fee plus additional costs apply.

Unauthorized returns are at the buyer’s expense, and we may store them with third parties at the buyer’s risk.Buyers indemnify us against third-party claims related to the agreement.

Article 8. Retention of Title and Security

Goods remain our property until full payment is made.Buyers cannot pledge unpaid goods or grant third-party rights over them. Buyers may resell goods in normal business operations but must transfer proceeds or receivables to us. If processing the goods nullifies our ownership, the buyer must grant us a pledge on the resulting products.We may reclaim unpaid goods if non-payment is suspected. Buyers must insure unpaid goods against fire and theft.

Article 9. Payment Terms
The payment terms are as follows:
A) Regular deliveries: 14 days after delivery.
B) Custom-made products: 100% payment at the order date, no exchanges possible.
C) Full containers: 50% at the order date, 25% on the sailing date, 25% cash against documents.

Article 10. Force Majeure
Force majeure shall be understood as any circumstance beyond our control that is of such a nature that compliance with the agreement cannot reasonably be required of us (non-attributable failures in performance). Force majeure includes, but is not limited to: war, unrest, and hostilities of any kind, blockade, boycott, natural disasters, epidemics, shortage of raw materials, obstruction and interruption of transport facilities, disruptions in our business, import and export restrictions or prohibitions, obstacles caused by measures, laws, or decisions of international, national, and regional (government) authorities.
If we are unable to fulfill our delivery obligation properly or in a timely manner due to force majeure, we shall be entitled to consider the agreement or the unfulfilled part thereof as dissolved or to suspend it for a definite or indefinite period, at our discretion. In the event of force majeure, the buyer cannot claim compensation from us.

Article 11. Applicable Law
All offers made by us and all agreements entered into by us shall be governed exclusively by Dutch law.

Article 12. Dispute Resolution
All disputes of any kind related to or arising from agreements entered into by us and deliveries made by us shall be settled by the competent court in the Netherlands.

De Tegel B.V.,
Rudonk 2B, 4824 AJ Breda, The Netherlands.