GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
1 General sales and delivery conditions THOTHEM
1.1 The following definitions apply in these general sale and delivery conditions:
Supplier: THOTHEM, located at Spoorlaan 2, 1406 ST Bussum.
Customer: the party buying from the Supplier.
1.2 These conditions apply to all offers, legal relationships and agreements made by the Supplier whereby the Supplier supplies goods and/or services to the Customer, unless and to the extent that this has been explicitly deviated from in writing.
1.3 The general terms and conditions of the Customer, under any denomination, may never be binding on the Supplier, unless these are expressly accepted by the Supplier in writing.
2 Offers/quotes
2.1 All quotations are without obligation, unless stated otherwise in writing. The Customer guarantees the accuracy and completeness of any measurements, requirements, performance specifications and other data supplied to the Supplier on his behalf upon which the Supplier bases his offer.
2.2 An agreement is concluded after an offer accepted by the Customer has been confirmed by THOTHEM in writing/email as an order, or an order specified by the Customer has been confirmed in writing/email by THOTHEM or THOTHEM has commenced the execution of that order.
3 Pricing and payment
3.1 Unless otherwise agreed in writing, the prices include free domicile (delivered duty paid). Supplier prices are expressed in euros, including VAT. The costs of packaging and advances in respect of freight and other related costs, such as possible storage costs, will be charged separately.
3.2 Unless otherwise agreed in writing, the Customer shall pay the agreed invoiced amount in full within 8 days after the invoice date and prior to delivery without the Customer being entitled to any non-express agreed discount or the application of a set-off (reconciliation) or settlement.
3.3 If an invoice is not paid on time, THOTHEM has the option to terminate the agreement or to demand compliance. In the latter case, THOTHEM has the right to adjust the agreed price to include price increases that have since been applied.
4 Delivery
4.1 The Supplier shall perform the agreement with due care on the basis of information provided by the Customer for the accuracy and completeness of which the Customer is responsible.
4.2 THOTHEM shall deliver the goods to the address designated by the Customer. In all cases, after delivery by or on behalf of THOTHEM, the Customer bears all risk of loss or damage upon receipt at the entrance of the delivery address or installation irrespective of the cause thereof.
4.3 The Customer is obliged to take delivery of the goods at the moment that they are delivered by THOTHEM, or at the moment at which they are made available to him.
4.4 If the Customer refuses the purchase or is negligent in providing information or instructions that are necessary for delivery, THOTHEM is entitled to store the goods at the Customer's expense and risk.
4.5 A specified delivery time is always indicative and not a deadline.
5 Deviations, transport damage, complaints, guarantee and returns
5.1 The Customer is obliged to check the goods immediately upon delivery.
5.2 If the goods are not delivered in good condition or, in the opinion of the Customer, do not correspond to the order or if all goods ordered have not been delivered, the Customer is obliged to notify THOTHEM by email immediately, but no later than the fifth working day following the day of delivery. When submitting the complaint, the Customer must provide as clear a description as possible of the defect and attach a digital photo to the email.
5.3 If a good is damaged as a result of transportation, the customer shall send THOTHEM a copy of the delivery note showing that the Customer has duly noted that the good was damaged on delivery. If no note of this has been made on the delivery note, THOTHEM cannot accept the complaint.
5.4 The customer is aware that certain goods may exhibit deviations in shape and colour, depending on the material from which the goods are made. If the complaint is found to be justified by THOTHEM, THOTHEM has the option to terminate the agreement with regard to the defective good and to credit the Customer, or to replace the defective good with the same good.
5.5 The Supplier shall do its utmost to repair or replace any material or manufacturing defects in delivered goods free of charge within a reasonable period of time if they have been described in detail to the Supplier within a period of six months after delivery. If replacement or repair is not deemed worthwhile by the Supplier, the Supplier has the right to terminate the agreement with regard to the defective good and to credit the Customer.
5.6 The guarantee obligation is void when material or manufacturing defects are wholly or partly the result of incorrect, careless or improper use, external causes such as fire or water damage or if the Customer makes changes to the delivered goods or has changes made to them.
5.7 The goods may only be returned to THOTHEM after prior written permission from THOTHEM, or after THOTHEM has indicated that it wishes to receive the returned goods.
6 Liability
6.1 The total liability of the Supplier for attributable failure to comply with the agreement is limited to compensation for direct damage to a maximum of the amount stipulated for the relevant good (excl. VAT) insofar as the insurer of the Supplier reimburses the relevant amount. Direct damage is exclusively understood to mean:
a) reasonable costs incurred by the Customer in ensuring that the Supplier's performance complies with the agreement; however, this replacement compensation will not be reimbursed if the agreement is terminated by or at the request of the Supplier;
b) reasonable costs incurred by the Customer to determine the cause of the damage;
c) reasonable costs incurred to prevent or limit the damage insofar as the Customer demonstrates that these costs have led to a limitation of direct damage within the meaning of these terms and conditions.
6.2 The Supplier's liability for indirect damage, consequential damage, lost profit, lost savings and all other forms of damage than mentioned in Article 6.1, for whatever reason, is excluded.
6.3 The limitations referred to in the preceding paragraphs of this article 6 will lapse if and insofar as the damage is the result of intent or gross negligence on the part of the Supplier.
7 Force majeure
The Supplier is entitled to terminate the agreement with the Customer, by means of written notice to the Customer or to suspend the execution of the agreement, all without any right to compensation, arising from the execution of the agreement being hampered or impeded due to force majeure. Force majeure is taken to include a. operational failure or business interruption of any nature whatsoever; b. delayed or late delivery by subcontractor(s) of Supplier; c. Transport difficulties or obstruction of any kind whatsoever.
8 Applicable law and disputes
8.1 All disputes are governed exclusively by Dutch law.
8.2 Disputes shall exclusively be submitted to the competent court in the district of Amsterdam.
PRODUCT DESCRIPTION AND INSTRUCTIONS FOR USE THOTHEM
The Thothem is a square steel pole with perforations on all sides for hooking on detachable shelves.
The pole and shelves have a matt black powder coating (RAL 9011).
With the BookThothem you receive one 123 x 123 mm hook-in shelf with a load bearing capacity of 5 kilogrammes, for every 24 cm in height.
With the WineThothem, you receive 12 wine carriers per metre, each with a maximum capacity of 1.5 kilogrammes.
The unit must be installed in accordance with the enclosed instructions, this includes securing the ceiling plate using a screw and plug, this is absolutely essential.
The made to measure pole is wedged between floor and ceiling by means of an adjustable foot.
The shelving unit is designed for storing books, CDs and DVDs and, in the case of the WineThothem wine bottles.
Once installed, do not exert excessive lateral pressure on the unit. (DO NOT lean, pull or push and do not climb or use as a ladder!)
Floor and ceiling must be firm, so please check the quality of floor and ceiling before installation. (e.g. NOT suitable for suspended ceilings and watch out for plastered thatched ceilings)
Thothem is not liable for any damage resulting from incorrect measurement, placement or use.
The Thothem Colossi consist of three types of aluminium bookcases - Polly, Alice and Frank – all with a finely structured powder coating (RAL 8019) The units come with separate aluminium insertable shelves, powder coated in the aforementioned colour. The colossi are mounted on a steel base of 4 x 40 x 55 cm, with a fine-textured powder coating (RAL 8019). The steel base plate has adjustable feet so that the unit can be levelled.
The Colossi are designed for use as bookcases.
Once installed, do not exert excessive lateral pressure on the unit. (DO NOT lean, pull or push and do not climb).
Eenmaal geplaatst dient men geen al te grote zijwaartse druk op de kast uit te oefenen. (NIET tegen leunen, aan trekken of duwen en niet in klimmen).
YOUR PRIVACY AND PERSONAL INFORMATION
We store your personal data digitally in a secure environment.
We store and use your personal data to help us provide a good service.
We store name and address for delivery of goods and email or telephone number to make an appointment for delivery.
We will only pass on your details to third parties (carriers) if that is necessary for the delivery of goods.
If you find that the information we have stored about you is incorrect, you may ask us in writing to amend your information.
You can also ask us to delete your personal data.
In the unlikely event that you are not satisfied with the way we handle your data, you can submit a complaint about this to the Dutch Data Protection Authority. You can find the contact details of the Dutch Data Protection Authority here: https://autoriteitpersoonsgegevens.nl/nl/zelf-doen/privacyrechten/klacht-over-gebruik-persoonsgegevens