In these general terms and conditions the following terms have the following meanings:
AtKris: user of these general terms and conditions, registered in the Dutch Trade Register under number 73494569 and acting under the names AtKris Studio and AtKris B&B, located at Korfgraaf 31 in (4147 GL) Hellouw.
Customer: the person or business entity who enters into an agreement with AtKris or to whom AtKris has submitted an offer.
In writing: correspondence by post and e-mail.
2.1. These general terms and conditions apply to all agreements between AtKris and the Customer.
2.2. The applicability of any general terms and conditions used by the Customer is explicitly rejected.
2.3. In the event of a conflict between the provisions in these general terms and conditions and the provisions in the agreement, the provisions in the agreement will prevail.
3. Offer and agreement
3.1. Quotations (“offertes”) drawn up by AtKris are without obligation and are valid until the date stated in the quotation. If no date is mentioned in the quotation, it is valid for 14 days after sending.
3.2. Upon acceptance of an offer, AtKris reserves the right to withdraw the offer within two working days after receipt of the acceptance.
3.3. AtKris cannot be held to quotations if the Customer reasonably understands or should understand that the quotation, or any part thereof, contains an obvious mistake or clerical error.
3.4. There is an agreement between parties if the acceptance of the offer has been confirmed by AtKris. In the case of a reservation for the Bed & Breakfast, there will only be an agreement after AtKris has confirmed the reservation.
4. Price and payment
4.1. The Customer receives the invoice electronically. The customer is obliged to pay the invoice within fourteen days, unless otherwise agreed.
4.2. Previous quotations and prices for earlier agreements cannot be invoked for new agreements.
4.3. The Customer is not permitted to set off the invoice against a claim against AtKris or to suspend any payment.
4.4. If the Customer has not paid the invoice amount within the period specified in article 4.1, it is legally in default without further notice of default being required. In the event of default, in addition to payment of the invoice amount, all costs incurred in obtaining settlement - in and out of court - and the costs for collection, will be borne by the Customer. The Customer also owes interest, equal to the statutory commercial interest, which is calculated on the amount due from the moment that the Customer is in default until the moment of payment of the full amount owed.
4.5. Products are delivered under retention of title (“eigendomsvoorbehoud”) and remain the property of AtKris until they have been paid in full.
5. Fulfillment of the agreement
5.1. Customer is aware that AtKris sells antique and vintage design, and used products. As far as known, the products and any defects are always described as completely as possible by AtKris. Traces of use, wear and age are normal.
5.2. Products are subjected to an inspection before they are offered. However, AtKris does not give any warranty on the products. The Customer is free to inspect the offered products before proceeding to purchase.
6.1. Products can only be picked up in the store or they can be delivered to your home. The risk will transfer to Customer at the moment the package is handed over to the Customer (or a third party assigned by him) by the postal service or our own delivery service. When choosing another postal service than Post NL, the risk will transfer to Customer at the moment the package is handed over to this postal service or shipper.
6.3. The moment of delivery is, both for delivery and collection, the moment that the product is handed over to the Customer.
7. Bed and Breakfast (“B&B”)
7.1. By making a reservation for the B&B, the customer agrees to the house rules and will adhere to these house rules. In case of violation of the house rules, AtKris is authorized to deny the Customer and his travel companions’ access to the B&B, without refund of the travel sum.
7.2. The Customer is liable for damage caused by him and / or his travel companions to the B&B or the items present there. In the event of damage, the Customer will receive an invoice from AtKris which will be paid within 14 days.
7.3. AtKris is not liable for any damage suffered by the Customer and / or his travel companions during the stay. The Customer indemnifies AtKris against such liabilities.
7.4. Without prejudice to the foregoing, if AtKris were nevertheless held liable in court for any reason, this liability is limited to direct damage and is maximized on what the insurer of AtKris pays out in the relevant case.
7.5. AtKris is not appealing