Terms and Conditions

Conditions and terms of use of Timon Enterprise, Haarlem, The Netherlands:

ARTICLE 1. APPLICABILITY

  1. These conditions apply to all products and services of Timon Enterprise.
  2. Exceptions to these conditions are only valid if Timon Enterprise has expressly confirmed so in writing.

ARTICLE 2. OFFERS AND ESTIMATES

  1. All offers and estimates are without obligation, except if agreed to the contrary. If an estimate contains a non-obligatory promotional or sale price, and if this offer is accepted, we have the right to revoke this promotion within the first five days following the receipt of the acceptance.
  2. All price lists, brochures, and other details transmitted with an offer or estimate are indicated in as detailed a manner as possible. But they are only binding for us providing that we have indicated them specifically and in writing.
  3. All information transmitted with an offer or an estimate remains our (intellectual) property and must be returned to us if we so request.

ARTICLE 3. AGREEMENT

  1. Agreements (verbal and written) are confirmed in writing by Timon Enterprise within 8 days after the receipt of the order.
  2. Order quantities are respected to the extent possible. Timon Enterprise reserves the right for the following quantity variations in shipped orders:
    ±15% for deliveries from 1000 to 5000 chairs; and
    ±10% for deliveries greater than 5000 chairs.
  3. In case of cancellation of an order by the buyer, all incurred expenses and all damages will be the financial responsibility of the buyer.

ARTICLE 4. PRICES

  1. All prices are indicated exclusive of local, state, national, and other taxes, such as VAT (Value Added Tax), which may be imposed by governmental and fiscal authorities.
  2. Unless contractually indicated to the contrary, we reserve the right to modify our prices. All prices indicated on our website and in promotional materials that we may distribute are for comparison purposes only, and are not legally binding. Even if we agree to a certain price with a buyer, we will be nonetheless within our rights to increase this price taking into account the latest delivery price corresponding to our current price list at the time of delivery. If the price has been indicated only once to the buyer, we reserve the right to raise our prices providing that one or more factors in the supply price has increased. If the price increase is superior to 10%, the buyer will have the right to cancel the contract. If the buyer is a consumer, the buyer may in case of price augmentation, cancel the contract within three months after signing, irrespective of the percentage increase (providing that the products have not been manufactured or shipped yet).

ARTICLE 5. DELIVERIES

  1. Packing is done at our own risk. Transport and delivery are the buyers' risks.
  2. The delivery time is measured from the moment of the receipt of the order. The indicated delivery times do not imply an expiry date, even if the product is not delivered on time.
  3. The buyer is required to give complete and timely instructions for delivery, so that we may deliver within the agreed timeframe. If the buyer transmits his instructions too late, the delivery date may be correspondingly delayed. If the buyer neglects to give his instructions within a certain timeframe, we will have the right to cancel the contract and the buyer will be required to compensate us for any damages or losses resulting from his delay.
  4. We have the right to deliver our products earlier or later than intended.
  5. We have the right to implement a partial delivery.
  6. If we are not in a position to respect our obligations, we will immediately inform the buyer and indicate the new delivery date.
  7. In case of non-timely delivery, the buyer must notify us in writing and must grant us a reasonable margin of time in order to make the delivery, taking into account all the relevant circumstances, and without forcing us to pay damages or interest related to the delay.
  8. If an expiry date has been mutually agreed upon, or if an expiry date has been fixed by the buyer, we have the right to suspend delivery, or to cancel the contract, at our discretion, if it is due to problems on our part caused by force majeur (as explained in these conditions), thus exempting us from responsibility for the execution of this contract. The duration of suspension depends on the duration of the circumstances of the force majeur, such that, if said circumstances last longer than four weeks, the buyer will have the right to cancel the contract. In this case, we shall not be liable for damages nor reimbursement of costs.
  9. If an expiry date is agreed upon or fixed by the buyer for the delivery and the delivery has not been made, we will then be obliged to compensate the buyer for damages as specified in the appropriate clauses of this document relative to damages and interest.
  10. The shipment shall be made in the manner which we have indicated. If the buyer wishes to receive the delivery via alternate means, any additional costs will be charged to his account. All products are shipped at the charge and risk of the buyer. Transport is not insured by us unless on formal request from the buyer indicating his intention to pay the insurance.

ARTICLE 6. CLAIMS DUE TO DEFECTS IN THE MERCHANDISE

  1. The buyer is required to inspect the products at the time of delivery and to verify their quality, and/or defects. In the case of defects, the buyer must provide an exact explanation in writing. After eight days, the buyer will be assumed to have accepted the delivery unless these defects might be reasonably noticed only after eight days. In this case, he must, immediately after the discovery of these defects, make an exact description in writing. Our shipment is in any case considered as correctly implemented if the buyer used, modified or treated our products, delivered them to a third party, or put them at the disposition of a third party.
  2. The buyer is required to give us the possibility to verify (or to have verified by a third party) the defects that he has indicated. If he does not permit this, his claim will not be considered valid.
  3. If the claim is made in time and is considered valid, we will take the delivered products back and reimburse the buyer or we will replace the products after receiving the damaged goods. We will not be required to pay damages or interest nor additional indemnity, of any description, with the exception of conditions specified in this document relative to damages and interest.
  4. Claims for defects in merchandise do not give the buyer the right to cancel the contract nor to dispense entirely or partially with payment, nor to postpone payment of the order.
  5. Postage must be pre-paid on all returns.
  6. Returns which are not due to our negligence will be credited minus a 10% processing fee unless agreed otherwise.

ARTICLE 7. CONDITIONS OF OWNERSHIP

  1. Until payment is received by us, the delivered products, processed or not, remain our property.
  2. The delivered products are still our property, if for another reason we have any claims against the buyer.
  3. We have the right to reclaim our products and to take them back if the buyer neglects or does not respect his obligations, if he liquidates, asks for or obtains a suspension of payment, is declared bankrupt, or his inventory is seized.
  4. All use, lending, or disposition of the products, including the commitment of the products to a third party such as a banking establishment for the purposes of a claim on inventory, are forbidden to the buyer as long as he has not satisfied his payment obligations.

ARTICLE 8. PRODUCTS

  1. In addition to the printing requested by the buyer, the following will be clearly reproduced on each one of our products: 1. the logo of Timon Enterprise; 2. the logo of the specific product; and 3. the address of our website.
  2. Timon Enterprise has the right to use not only the product ordered by the buyer, but also the illustration of it, or the printed designs, for our promotional materials, such as brochures or websites.

ARTICLE 9. RESPONSIBILITY AND INDEMNISATION

  1. We are not responsible for expenses, damages, or interest resulting directly or indirectly from:
    1) Force Majeur as described in the conditions;
    2) Acts of negligence by the buyer, the buyer's employees, or other persons providing services to the buyer or working on the buyer's behalf;
    3) A fault of Timon Enterprise at the time of the execution of the contract, unless it is due to a grievous fault on our part.
  2. Except as specified above, we are not responsible for damages due to accidents provoked by the improper use of our products.
  3. We are only responsible for as much as our insurance covers the damages.
  4. Except as specified above, we are only required to reimburse up to a maximum of 10% damages suffered by the buyer.
  5. The party placing the order exempts us from any claims by third parties concerning our deliveries.

ARTICLE 10. FORCE MAJEURE

Exceptional circumstances such as damage caused by storms and other natural disasters, problems caused by third parties, problems caused by transport in general, full or partial strikes, riots, war or the risk of war, whether in the country of the agreement or in the country of the origin of the products, lock-outs, the loss or the damage of the products during transport to our company or the buyer, the non-delivery or the non-timely delivery of merchandise by our supplier(s), import and export bans, full or partial military mobilization, government restrictions, fire, service failures or accidents at our business or affecting our means of transport, or if applicable, the means of transport of third parties, the addition of taxes or other government restrictions causing a real modification of conditions, and in general, circumstances which excuse us from our obligation to deliver (on time), without giving the client any right to claim insurance for damages of what ever nature. We are within our rights, in this or these cases, and entirely at our own discretion, to cancel the order after a reasonable time period, without obligation to refund or indemnify the buyer, or in appropriate cases, to request that the contract be adapted in light of the new circumstances.

ARTICLE 11. PAYMENT

  1. Payment must be made without deduction or discount and unless agreed otherwise, within fourteen days of the billing date.
  2. Unreasonable compensation is not allowed.
  3. If, after the shipment of our products, we discover that the buyer is in a difficult financial situation, we will have the right to demand immediate payment or to request a deposit.
  4. If the payment is not received within the agreed-upon period, we will be within our rights to charge interest to the buyer's account at a monthly rate of 1,25%, starting from the billing date.
  5. Additionally, we have the right to require from the ordering party, in addition to the principal and the interest, all legal and extra-legal fees related to the non-payment.
  6. In case of non-payment of any bill by the agreed-upon due date, all outstanding amounts may be immediately collectible.

ARTICLE 12. NON-FULFILLMENT OF OBLIGATIONS AND CANCELLATION

  1. Within the limits of the Civil Code, in case of non-execution of obligation, we also have the right to suspend the agreed-upon contract or to consider it completely or partially cancelled without judicial intervention, at our discretion.
  2. We also have the right to implement Article 12, Paragraph a (as above) if the buyer has declared or filed for bankruptcy, if the buyer has requested or obtained a suspension of debt, if the buyer's real-estate assets have been seized, if the buyer's company has been liquidated or purchased by a third party, or third parties, or if the buyer has the intention of leaving his country of domicile. In all these situations, any of our claims on the buyer shall be immediately due.

ARTICLE 13a. APPLICABLE LAW

Only the law of the Netherlands is applicable to all our contracts, except where specified in writing, and these contracts are seen as concluded in the Netherlands, and under Dutch law.

ARTICLE 13b. TRANSLATION

This translation into English of our terms of use and general conditions is only intended as a guide. In all cases of legal dispute, the Dutch original ("Algemene Voorwaarden") of this contract shall take precedence.

ARTICLE 14. DISPUTES

All disputes arising from contracts concluded between parties, including the recovery of what is owed, will be brought, if we request it, and in the measure that their competency is established in this matter, before the civil court of Haarlem, Netherlands.