General terms and conditions of business
§ 1 Scope
(1) The provider's services for the English-language version of the website www.oldenburger.store and the associated subdomains are provided exclusively on the basis of the following general terms and conditions in the version valid at the time of the order.
(2) The offers on the English-language version of www.oldenburger.store are aimed exclusively at legitimate consumers.
(3) You should note that you may make changes to this website or remove any part of it at any time without liability to customers for such changes. reserves the right to change these General Terms and Conditions in the future without expressly notifying customers and continued use of the website or placing orders after such changes shall be deemed to be acknowledgment and acceptance thereof.
(4) A contract will only then be concluded between You as a customer and us when your order has been processed and dispatched. If you as a customer place an order via this website, by placing your order you warrant that:
- You are not a minor or otherwise legally unable to enter into a binding contract.
- The personal information you provide to us when registering is complete and correct.
- You will not use a false name or the name of another person or entity that you are not authorized to use.
§ 2 Conclusion of contract
(1) Our offers on the Internet represent a non-binding invitation to the customer to order goods. By submitting the order on our website, the customer makes a binding offer to conclude a contract.
(2) We can accept this offer by sending a confirmation of acceptance by email or by delivering the goods. Receipt of orders will be confirmed immediately electronically.
§ 3 Payment, default
(1) The prices listed on our website at the time of the order apply. All prices are net and in EUR, excluding statutory VAT and plus the listed processing fee and shipping costs.
(2) Payment of the purchase price is possible in advance. Accepted payment methods for advance payment are Sofortüberweisung and Giropay.
§ 4 Offsetting/retention of title
(1) We reserve ownership of the delivered item until the purchase price has been paid in full.
§ 5 Delivery
(1) The goods will be dispatched after receipt of payment via DHL, UPS, DPD and GLS, as well as shipping companies. Delivery of the goods to packing stations is not possible.
§ 6 Delay in acceptance
(1) If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we incur as a result, including any additional expenses. We reserve the right to make further claims.
(2) The customer reserves the right to prove that no damage was incurred in the amount demanded or at least that the damage was significantly lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time at which the purchaser defaults on acceptance or default.
§ 7 Warranty
(1) In the event of a defect, the customer has the choice whether subsequent performance should take place through repair or replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible with disproportionate costs and the other type of subsequent performance does not result in significant disadvantages for the customer.
(2) If the subsequent performance has failed or we have the subsequent performance in its entirety refused, the customer can, at his discretion, request a reduction in the purchase price (reduction) or withdraw from the contract. Possible claims for damages of the customer remain unaffected.
§ 8 Limitation of liability
(1) In the event of a slightly negligent breach of duty, the liability of the provider and the provider's vicarious agents is limited to the immediate average damage that is foreseeable and typical for the contract based on the type of goods. We and our vicarious agents are not liable for slightly negligent breaches of non-essential contractual obligations, the violation of which does not jeopardize the execution of the contract.
(2) The above limitations of liability do not apply to claims arising from product liability or warranty, or to claims based on physical injury Damage to health and loss of your life.
§ 9 Data protection We treat your personal data confidentially and in accordance with the statutory data protection regulations. Your data will not be passed on without your express consent or will only be passed on as part of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods. We use the data you provide to fulfill and process your order. In order to fulfill the contract, we pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. To process payments, we pass on the necessary payment data to the credit institution responsible for the payment and, if applicable, the payment service provider commissioned by us or to the payment service you selected in the ordering process.
§ 10 Applicable law, place of jurisdiction The law of the Kingdom of the Netherlands is applicable, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.
§ 11 Final provisionIf a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected.
- Oldenburger Interior BV
- Nassauplein 30
- 2585EC's-Gravenhage
- The Netherlands
- info@oldenburger.store
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us (Oldenburger Interior BV, Nassauplein 30, 2585 EC's-Gravenhage, The Netherlands, info@oldenburger.store ) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation:
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have chosen) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. The buyer bears the return shipping costs. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Cancellation form (If you want to cancel the contract, please fill out this form and send it back.)
- Oldenburger Interior BV, Nassauplein 30, 2585EC's-Gravenhage, The Netherlands, info@oldenburger.store
- I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
- Ordered on ()/received on ()
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for paper notification)
- Date
General terms and conditions of Installations
§1 Scope
(1) The following General Terms and Conditions for Installations, Commissioning/Supervision, Repairs, Maintenance, and other Services (short: "General Installation Conditions") of Oldenburger Interior B.V. (hereinafter also referred to as “Oldenburger” or "we" or "us") apply only to those natural or legal persons or legally competent partnerships who, when concluding the contract with Oldenburger, act in the exercise of their commercial or independent professional activity (entrepreneurs) as well as to legal entities under public law and special funds under public law.
(2) All customer services of Oldenburger in the areas of installation, commissioning, supervision, repairs, maintenance, and other services (hereinafter: "Work" or "Work Services") are carried out exclusively based on these General Installation Conditions. Counter-confirmations or references by the customer to his General Terms and Conditions in the installation/repair/service area are hereby expressly rejected. Such business conditions deviating from our Installation Conditions are not recognized by us unless we have expressly agreed in writing to their validity. Our General Installation Conditions also apply if we perform the work unreservedly in the knowledge of conflicting or deviating conditions of the customer.
(3) If the work to be performed is part of a delivery contract, our General Terms and Conditions also apply in full. In the case of conflicting provisions, the provision of these General Installation Conditions takes precedence.
(4) By confirming Work Services with Oldenburger, customers acknowledge and agree to all terms and conditions set forth in these General Installation Conditions.
(5) The customer and Oldenburger agree that the VAT ID number indicated on the order documents will be actively used by the customer and Oldenburger Interior B.V.. This applies to all orders placed by the customer, insofar as the use of the VAT ID number is not revoked or the customer does not expressly provide Oldenburger Interior B.V. with a different VAT ID number in text form, which is to be used for the specific order.
§2 Change orders
(1) The client acknowledges and agrees that any situation which may lead to an increase in costs, and/or activities to be carried out by us against those expressly indicate herein, shall allow us to submit to you a Change Order Proposal (COP). Hereby we shall indicate
(a) the reasons justifying such COP;
(b) the new activities/duration to be dedicated for such COP; and
(c) the price of such COP being understood that such price shall be indicated as time and material in accordance with the rates indicated herein and the billing/payment terms of such price shall be consistent with the provisions set forth under clause 6 herein.
(2) It is expressly agreed that circumstances allowing us to submit a COP will include, but are not limited to, unexpected site conditions, drawing changes, documented defective materials, work disruption and/or idle time due to presences/activity at the site of other client’s contractors.
(3) COP shall be deemed approved, for all intents and purposes, in the event the client does not send to us in writing, pursuant to subsequent paragraph 7, a written objection to such COP within, and not later than, two (2) working days from its receipt. It´s being further understood that in case of objection within the above term and should we do not reach a final written agreement on the items indicated in the COP within 2 days from the receipt of the above-mentioned objection, we shall be entitled to:
(i) terminate this Agreement upon receipt by you of a termination notice to be sent by us pursuant to subsequent paragraph 7.
(ii) abandon the site immediately upon receipt of the above-mentioned termination notice without accrual of any liability, of any nature, in relation to site leave;
(iii) claim the payment of any amount of the contract price which is accrued as of the date of such termination and which is, as of such date, still due to us.
§3 Work disruption
The client acknowledges and agrees that any price/rates indicated herein is based on uninterrupted work. Therefore, any delays, work disruptions, idle time, that affect our work schedule (such as unfinished floors, plasterboard or other systems that have not been completed according to scheduled times) must be advised in advance, otherwise we will charge any idle time for the full day’s work of 10 hours per worker.
§4 Contract Price
(1) The contract price is agreed according to the rates indicated in this Agreement, plus any other amount that may become due to us pursuant to this Agreement.
(2) The client acknowledges and agrees that should happen for any reason whatsoever for which the client is responsible, the commencement of the installation service is changed from the date agreed with us:
(i) in case of a request by the client of anticipation of such date, the client shall be obliged to pay to us any and all documented costs and expenses related to such change (by way of example but not limited to cost of flights, travels, accommodation etc.), it´s being further understood that such change shall be subject to our prior written consent;
(ii) in case of postponement, the client shall be obliged to pay to us any and all documented costs and expenses related to such change (by way of example but not limited to cost of flights, travels, accommodation etc.) plus the rates for the unplanned shutdown (as indicated below under paragraph 5) for each day between the commencement date originally expected and agreed and the actual commencement date.
All the above costs will be billed separately according to paragraph 6.2 letter A) and shall be paid before the actual commencement date.
§5 Minimum rates
The client acknowledges and agrees that we shall apply the following minimum rates:
(i) 10 hour minimum charge per each day (or any fraction of day) of work of any supervisor/installer;
(ii) Planned shutdown: 300,00 € cancellation/postponement rate per supervisor/installer per day.
(iii) Unplanned shutdown: the above minimum charge (10 h per each Supervisor/Installer)
§6 Out of Pocket Expenses
The client acknowledges and agrees that
(i) each out-of-pocket expense in EURO will be subject to an additional 20 percent (20%) mark-up fee; while
(ii) each out-of-pocket expense not in EURO will be subject to the exchange rate in effect at 15th of the worked month with the application of the above 20 percent (20%) mark-up fee.
§7 Billing and Payment Terms
The client acknowledges and agrees that
(1) Oldenburger shall be entitled to invoice the entire contract price indicated in this agreement prior to the expected commencement date of the installation services and that we shall receive the payment of such invoiced amount according to our payment terms.
(2) in addition to the above, any additional costs and hours charged (e.g. change order), will be documented by a report and billed separately;
(3) should, for any reason whatsoever, payment not be received within the due date indicated herein, we shall be entitled to:
(i) terminate this agreement upon receipt by you of a termination notice to be sent by us pursuant to subsequent paragraph 7;
(ii) abandon the site immediately upon receipt of the above-mentioned termination notice without accrual of any liability, of any nature, in relation to site leave;
(iii) claim the payment of any amount of the contract price which is accrued as of the date of such termination and which is, as of such date, still due to us.
§8 Notices
Any communication, notification, proposal, request to be made under this agreement must be made in writing, by registered letter with return receipt or email to the following addresses (or any other address/email communicated in writing by any party to the other party) where each party elects its domicile for the purposes of this
Agreement:
- if to the client:
- EXAMPLE COMPANY
- EXAMPLE ROAD 000
- EXAMPLE CITY
- COUNTRY
- if to us:
- Oldenburger Interior B.V.
- Nassauplein 30
- 2585 EC´s Gravenhage
- The Netherlands
- info@oldenburger.store
§9 Dispute
For any dispute arising out between the parties in relation to the validity, interpretation and execution of this agreement it shall be exclusively competent the Court of The Hague, Netherlands.
It is also agreed that if any action or proceeding is brought to the Court to interpret or enforce the terms of this agreement, the prevailing party shall be entitled to recover from the other party, in addition to all other damages, if any, all costs and expenses of such action or proceeding, including but not limited to any reasonable attorneys’ fees, witness fees and/or court costs as determined by the competent court in its decision. The phrase “prevailing party” as used in this clause shall include a party who receives substantially the relief desired whether by dismissal, summary judgment or otherwise.
This paragraph together with the provisions of previous paragraph 7 shall survive to the termination of this Agreement.
§10 Time & Material
It is acknowledged and agreed that Oldenburger Interior B.V. will send on a weekly basis the time-sheet with the indication of the actual time worked by each installer, such timesheets shall be deemed to have been irrevocably accepted by the client unless the latter shall have sent, no later than 3 business days after the receipt of such time-sheet, a reasonably argued written objection to what is stated on such received time-sheet.
§11 Final provisions
(1) Amendments and supplements to the contract and these General Installation Conditions must be made in writing.
(2) Should any provision of these General Installation Conditions be or become invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
(3) The parties acknowledge and agree that any provision set forth in this document shall prevail to any contrary provision set forth in any other document entered between the Parties.