Terms and Conditions of the      Floorprofi       Website

Introduction

Below you will find our Terms and Conditions. These apply whenever you use our website or place an order through it. The Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these terms so that you can refer to them again at a later time.

Article 1. Definitions

1. Floorprofi: headquartered in Nieuw Beerta – Netherlands and registered with the Chamber of Commerce under registration number 99394766, operating under the name Floorprofi.

2. Website: the Floorprofi website, accessible at vloerfreesschijven.nl and floorprofi.com, as well as all associated subdomains.

3. Customer: the customer who—regardless of whether acting in the course of a profession or business—enters into a contract with Floorprofi and/or has registered on the website.

4. Agreement: any agreement or contract between Floorprofi and the Customer, of which these General Terms and Conditions form an integral part.

5. Terms and Conditions: these Terms and Conditions.

Article 2. Applicability of the General Terms and Conditions

1. The General Terms and Conditions apply to all offers, contracts, and deliveries by Floorprofi, unless otherwise expressly agreed in writing.

2. If the customer includes provisions or conditions in their order, confirmation, or notice of acceptance that deviate from or are not contained in the General Terms and Conditions, these are binding on Floorprofi only if and to the extent that they have been expressly accepted in writing by Floorprofi.

3. In the event that specific product or service terms apply in addition to these General Terms and Conditions, those terms shall also apply; however, in the event of conflicting terms, the customer may always invoke the provision most favorable to them.

Article 3. Prices and Information

1. All prices listed on the website and in other materials provided by Floorprofi include value-added tax and, unless otherwise stated on the website, include other government-imposed taxes.

2. If shipping costs apply, this will be clearly stated in a timely manner before the contract is concluded. Furthermore, these costs will be shown separately during the ordering process.

3. The content of the website has been compiled with the utmost care. However, Floorprofi cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the website, as well as in other materials originating from Floorprofi, are therefore subject to obvious programming errors and typos.

4. Floorprofi cannot be held liable for (color) discrepancies due to screen quality.

Article 4. Conclusion of the Contract

1. The contract is concluded at the moment the customer accepts Floorprofi’s offer and fulfills the conditions set forth by Floorprofi for this purpose.

2. If the customer has accepted the offer electronically, Floorprofi will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the customer has the option to withdraw from the contract.

3. If it turns out that incorrect information was provided by the customer upon acceptance or during the initiation of the contract, Floorprofi is entitled to fulfill its obligation only after receiving the correct information.

4. Within the scope of statutory provisions, Floorprofi may verify whether the customer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the contract. If, based on this review, Floorprofi has valid reasons not to enter into the contract, it is entitled to reject an order or inquiry, stating the reasons, or to make fulfillment subject to specific conditions, such as an advance payment.

Article 5. Registration

1. To make the best use of the website, the customer may register via the registration form or by creating an account on the website.

2. During the registration process, the customer selects a username and password, which they can use to log in to the website after registration. The customer is solely responsible for choosing a sufficiently secure password.

3. The customer must keep their login credentials—username and password—strictly confidential. Floorprofi is not liable for any misuse of the login credentials and may always assume that a customer logging in to the website is indeed that customer. All activity occurring through the customer’s account is the customer’s responsibility and risk.

4. If the customer knows or suspects that their login credentials have fallen into the hands of unauthorized persons, they must change their password as soon as possible and/or notify Floorprofi so that Floorprofi can take appropriate measures.

Article 6. Contract Performance

1. As soon as Floorprofi receives the order, Floorprofi will ship the products as quickly as possible, subject to the provisions in paragraph 3 of this article.

2. Floorprofi is entitled to engage third parties in fulfilling the obligations arising from the contract.

3. The website clearly describes, in a timely manner prior to the conclusion of the contract, how delivery will be made and within what timeframe the products will be delivered. If no delivery timeframe has been agreed upon or specified, the products will in any case be delivered within 30 days.

4. If Floorprofi is unable to deliver the products within the agreed timeframe, it will notify the customer. In this case, the customer may agree to a new delivery date or may terminate the contract free of charge.

5. Floorprofi recommends that the customer inspect the delivered products and report any defects found within a reasonable period of time, preferably in writing. See the section on Warranty and Conformity for more information.

6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding these products passes to the customer. Unless expressly agreed otherwise, the risk passes to the customer at an earlier time. If the customer decides to pick up the products, the risk passes to the customer upon handover of the products.

7. Floorprofi is entitled to deliver a product of a similar type and quality to the ordered product if the ordered product is no longer available. In that case, the customer is entitled to cancel the contract free of charge and return the product free of charge.

Article 7. Right of Withdrawal

1. This article applies only to customers who are natural persons and are not acting in the course of their profession or business.

2. The customer has the right to cancel the contract concluded with Floorprofi via distance selling within 14 days of receiving the product, free of charge and without giving a reason. This is subject to the condition that the product has not been used.

You may inspect your order, just as you would in a store. However, have you used the product? If so, you can no longer return it, even within the withdrawal period. If you return a used product anyway,

In that case, you will receive a partial refund or no refund at all if the product has lost value due to use.

3. The period begins on the day after the customer or a third party designated by the customer in advance (who is not the carrier) receives the product, or:

   • if the customer ordered multiple products in the same order: the day on which the customer or a third party designated by the customer received the last product;

   • if the delivery of a product consists of multiple shipments or parts: the day on which the customer or a third party designated by the customer received the last shipment or part;

   • for contracts involving the regular delivery of products over a specific period: the day on which the customer or a third party designated by the customer received the first product.

4. The customer is responsible for the return shipping costs; if these costs exceed the standard postal rate, Floorprofi will provide an estimate of these costs. The shipping costs incurred by the customer when purchasing the product are not included in the return shipping costs and are the customer’s responsibility.

5. During the cancellation period specified in paragraph 1, the customer shall handle the product and its packaging with care. The customer shall open the packaging and use the product only to the extent necessary to assess the nature, characteristics, and functionality of the products. In doing so, the principle applies that this assessment must not exceed the extent to which the customer would be able to do so in a physical store.

6. The customer is liable only for any loss in value of the product resulting from handling the product beyond what is permitted in the preceding paragraph.

7. The customer may cancel the contract within the timeframe specified in paragraph 1 of this article by sending the model cancellation form (digitally) to Floorprofi or by otherwise clearly notifying Floorprofi that they are canceling the purchase. In the event of a digital notification, Floorprofi will confirm receipt of such notification. After withdrawing from the contract, the customer has 14 days to return the product. It is also possible

to return the product directly within the cooling-off period specified in paragraph 1 of this article, provided that the model withdrawal form or another unambiguous statement of withdrawal is included.

Products may be returned to the following address: Floorprofi

Hoofdweg 101, 9687PK,

Nieuw Beerta
Netherlands

8. Any amounts already paid (in advance) by the customer will be refunded as soon as possible, but no later than 14 days after withdrawal from the contract, using the same method by which the customer paid for the order. If the customer has chosen a more expensive shipping method than the cheapest standard delivery option, Floorprofi is not obligated to reimburse the additional costs for the more expensive shipping method. Unless Floorprofi offers the option to pick up the product in person, Floorprofi may delay the refund until Floorprofi has received the product or until the customer provides proof that the product has been returned, whichever occurs first.

9. Clear and unambiguous information regarding whether the right of withdrawal applies and, if so, the required procedure will be provided on the website in a timely manner prior to the conclusion of the contract.

10. The right of withdrawal does not apply to:

    • Products that were custom-made by the business according to the customer’s specifications;

Article 8. Right of Return for Business Customers

1. The preceding article on the right of withdrawal applies mutatis mutandis to business orders, provided that:

   • The business customer must cancel the contract with Floorprofi within 14 days of receiving the goods.

   • Upon receipt of the return by Floorprofi, the business customer will receive only a refund of the purchase price. The customer is solely responsible for the return shipment and any associated costs.

   • The business customer must return an unused product in undamaged packaging to Floorprofi. If the business customer fails to comply, Floorprofi is entitled to refuse the return or to charge repair costs or damages.

   • Any amounts already paid (in advance) by the commercial customer will be refunded as soon as possible, but no later than 30 days after the termination of the contract and receipt of the return by Floorprofi.

Article 9. Payment

1. The customer must make payments to Floorprofi in accordance with the payment methods specified during the ordering process and, if applicable, on the website. Floorprofi is free to choose the payment methods offered, and these may change from time to time. For payment upon delivery, the customer has a payment term of 14 days, beginning on the day after delivery.

2. If the customer fails to meet their payment obligations by the due date, they must—after being notified by Floorprofi of the late payment and after Floorprofi has granted them a 14-day grace period to still fulfill their payment obligations —and if no payment has been made within this 14-day period—to pay statutory interest on the outstanding amount, and Floorprofi is entitled to invoice the customer for the out-of-court collection costs it has incurred. These collection costs shall not exceed: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. Floorprofi may deviate from the aforementioned amounts and percentages in favor of the customer.

Article 10. Warranty and Conformity to Contract

1. This article applies only to customers who are not acting in the course of their profession or business. If Floorprofi provides a separate warranty for the products, this warranty applies to all types of customers, notwithstanding the provisions above.

2. Floorprofi warrants that the products conform to the contract, the specifications stated in the offer, the reasonable requirements for fitness for a particular purpose and/or suitability for use, and the

statutory provisions and/or regulatory requirements in effect at the time the contract is concluded. If expressly agreed, Floorprofi also guarantees that the product is suitable for use other than its customary use.

3. Any warranty provided by Floorprofi, the manufacturer, or the importer does not affect the statutory rights and claims to which the customer is already entitled under the contract and which the customer may assert.

4. If the delivered product does not conform to the contract, the customer must notify Floorprofi within a reasonable period of time after discovering the defect.

5. If Floorprofi acknowledges the complaint as justified, the products in question will be repaired, replaced, or refunded after consultation with the customer. Subject to the provisions of the section on liability, the maximum refund shall not exceed the price paid by the customer for the product.

Article 11. Warranty for Commercial Purchases

1. Floorprofi warrants that the products conform to the contract, the specifications stated in the offer, the reasonable requirements for fitness for a particular purpose and/or suitability for use, as well as the statutory provisions and/or regulatory requirements in effect at the time the contract is concluded. If expressly agreed, Floorprofi also guarantees that the product is suitable for a use other than normal use. Otherwise, the product is deemed suitable for normal use.

2. If the delivered product does not conform to the contract at the time of delivery, the customer must notify Floorprofi of this no later than 7 days after delivery. If the customer fails to do so, they can no longer assert a claim for repair, replacement, etc., in the event that the product was delivered defective.

3. If Floorprofi deems the complaint justified, the products in question will be repaired, replaced, or (partially) refunded after consultation with the customer.

Products that have already been used will be partially refunded or not refunded at all, at Floorprofi’s discretion.

Article 12. Complaints Procedure

1. If the customer has a complaint regarding a product (in accordance with the article on warranty and conformity) and/or regarding other aspects

of Floorprofi’s service, they may submit a complaint to Floorprofi by phone, email, or mail. The contact information can be found at the end of the Terms and Conditions.

2. Floorprofi will respond to the customer as soon as possible, but in any case within 14 days of receiving the complaint. If it is not yet possible to provide a substantive or final response, Floorprofi will confirm receipt of the complaint within 14 days of receiving it and specify a timeframe within which Floorprofi expects to provide a substantive or final response to the customer’s complaint.

3. Customers who are not acting in the course of their professional or business activities may also file a complaint through the European Online Dispute Resolution platform, which is available at http://ec.europa.eu/odr/.

Article 13. Liability

1. This article applies only if the customer is a natural or legal person acting in the course of their professional or commercial activities.

2. Floorprofi’s total liability to the customer for an attributable breach of the contract is limited to compensation not exceeding the price agreed upon for this contract (including VAT).

3. Floorprofi’s liability to the customer for indirect damages—including, in any case, but expressly not limited to, consequential damages, lost profits, lost savings, data loss, and damages resulting from business interruption—is excluded.

4. Apart from the cases mentioned in the two preceding paragraphs of this article, Floorprofi shall not be liable to the customer in any way for damages, regardless of the basis on which a claim for damages might be based. However, the limitations set forth in this article shall not apply if and to the extent that the damage is attributable to willful misconduct or gross negligence on the part of Floorprofi.

5. Floorprofi’s liability to the customer for an attributable failure to perform a

contract only arises if the customer promptly and properly gives Floorprofi written notice of default, setting a reasonable deadline for remedying the breach of obligation, and Floorprofi fails to fulfill its obligations even after this deadline has expired. The notice of default must contain as detailed a description as possible of the non-performance so that Floorprofi is able to respond appropriately.

6. A prerequisite for the establishment of a claim for damages is always that the customer reports the damage to Floorprofi in writing as soon as possible, but no later than 30 days after it occurs.

7. In the event of force majeure, Floorprofi is not obligated to compensate the customer for the resulting damage.

Article 14. Retention of Title for Commercial Purchases

1. All delivered goods remain the property of Floorprofi until all claims that Floorprofi has against the commercial customer (including any associated (collection) costs and interest) have been paid in full.

2. Prior to the aforementioned transfer of ownership, the business customer is not authorized to sell, deliver, or otherwise dispose of these goods other than in the course of its normal business operations and in accordance with the normal intended use of the goods. Furthermore, the business customer is not permitted to pledge these goods as collateral or grant any other rights to third parties in them as long as ownership of these goods has not been transferred to the business customer.

3. The business customer is obligated to store the goods delivered under retention of title with due care and to ensure they remain clearly identifiable as the property of Floorprofi.

4. Floorprofi is entitled to reclaim the goods delivered under retention of title and still in the buyer’s possession if the business customer fails to ensure timely payment of invoices or is experiencing or is at risk of experiencing financial difficulties.

5. The business customer shall grant Floorprofi free access to its goods at any time so that Floorprofi may inspect them and/or exercise its rights.

Article 15. Personal Data

1. Floorprofi processes the customer’s personal data in accordance with the Privacy Policy. This can be found here: https://vloerfreesschijven.nl/privacy-policy-cookie-restriction-mode-nl

Article 16. Final Provisions

1. This Agreement is governed by Dutch law.

2. Unless otherwise required by mandatory statutory provisions, all disputes arising from the contract shall be submitted to the competent Dutch court in the district where Floorprofi has its registered office.

3. Should any provision of these General Terms and Conditions prove to be invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties shall agree on one or more new provisions that correspond as closely as legally possible to the purpose of the original provision.

4. For the purposes of these General Terms and Conditions, “in writing” also includes communication via email and fax, provided that the identity of the sender and the integrity of the email are sufficiently guaranteed.

Contact Information

If you have any questions, complaints, or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by email.

Floorprofi Hoofdweg 101

9687PK, Nieuw Beerta
Netherlands

Phone: 0031 64579 4445 E-

mail: [email protected]

Commercial Register Number: 99394766 VAT ID Number: NL868970487B01