Terms of service
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Company
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement / The Order
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Payment
Article 13 – Complaints Procedure
Article 14 – Disputes
Article 15 – Additional or Deviating Provisions
Article 16 – Privacy and Data Protection
Article 17 – Intellectual Property Rights
Article 18 – Force Majeure
Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
Cooling-off period: the period within which the customer can exercise their right of withdrawal;
Customer: the natural or legal person who enters into a distance contract with the company;
Day: calendar day;
Durable data carrier: any tool that enables the customer or the company to store information that is personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the customer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the company that a customer can fill in when they wish to exercise their right of withdrawal.
Company: the legal entity offering products to customers at a distance;
Distance contract: a contract concluded within the framework of a system organised by the company for distance sales of products, where, up to and including the conclusion of the contract, only one or more means of distance communication are used;
Means of distance communication: a method that can be used to conclude a contract without the customer and company being in the same place at the same time.
Terms and Conditions: these present Terms and Conditions of the company.
Article 2 – Identity of the Company
Pauw Coatings (2workonline BV)
De Klumper 1,
7651EB Tubbergen
The Netherlands
T +31 850 606 439
E info@pauwcoatings.com
Chamber of Commerce no. 67636454
Article 3 – Applicability
These terms and conditions apply to every offer made by the company and to every distance agreement and order concluded between the company and the customer.
Before a distance contract is concluded, the text of these terms and conditions shall be made available to the customer. If this is not reasonably possible, the customer will be informed before the distance contract is concluded that the terms and conditions are available for inspection at the company's premises and will be sent to the customer free of charge upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the contract is concluded, the text of these terms and conditions can be made available to the customer electronically in such a way that it can be easily stored by the customer on a durable data carrier. If this is not reasonably possible, it will be indicated before the contract is concluded where the terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the customer’s request.
If any provision of these terms and conditions is at any time wholly or partially void or annulled, the remainder of the agreement and these conditions shall remain in force, and the relevant provision shall be replaced in mutual consultation as soon as possible with a provision that approaches the original intent as closely as possible.
Situations that are not covered by these terms and conditions should be assessed 'in the spirit' of these terms and conditions.
Any ambiguities about the interpretation or content of one or more provisions of these conditions should be interpreted 'in the spirit' of these terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The company is entitled to change or modify the offer.
The offer includes a complete and accurate description of the product being offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. Obvious mistakes or errors in the offer are not binding for the company.
All images, specifications, and other data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This includes, in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions are required for that;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the customer;
- the way in which the customer can check and, if desired, correct the information provided in connection with the agreement before concluding it;
- any other languages in which the agreement can be concluded besides Dutch.
Article 5 – The Agreement / The Order
The agreement is concluded at the moment the customer accepts the offer and meets the conditions set out therein.
If the customer accepts the offer electronically, the company shall immediately confirm receipt of the order electronically. As long as the company has not confirmed this acceptance, the customer may terminate the agreement.
If the agreement is concluded electronically, the company shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the customer can pay electronically, the company shall observe appropriate security measures.
The company may – within legal frameworks – assess whether the customer is able to meet their payment obligations, and of all facts and factors relevant for a responsible conclusion of the distance contract. If, based on this investigation, the company has good reasons not to enter into the agreement, it is entitled to refuse an order or application, or to attach special conditions to its execution.
The company shall include the following information with the product, either in writing or in such a way that the customer can store it in an accessible manner on a durable data carrier:
- where the customer can go with complaints;
- the conditions and manner in which the right of withdrawal may be exercised, or a clear statement that the right of withdrawal is excluded;
- information about guarantees and after-sales service;
- the data as included in Article 4 of these terms and conditions, unless the company has already provided this information to the customer before the execution of the agreement.
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the customer has the right to cancel the order without giving reasons within 14 days. This cooling-off period starts on the day after the customer receives the product.
During the cooling-off period, the customer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the customer exercises their right of withdrawal, they shall return the product, including all delivered accessories, in its original condition and packaging to the company, following the reasonable and clear instructions provided by the company.
If the customer wishes to exercise their right of withdrawal, they must notify the company within 14 days of receiving the product. This notification must be done by email. After informing the company, the customer must return the product within 14 days. The customer must provide proof that the goods were returned on time, for example, by showing a dispatch receipt.
If the customer has not notified the company of their wish to withdraw within the specified period, or has not returned the product within the return period, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the customer exercises their right of withdrawal, only the return shipping costs shall be borne by the customer.
If the customer has already paid an amount, the company shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the company or that conclusive proof of complete return has been provided. Refunds shall be made using the same payment method used by the customer, unless the customer explicitly agrees to a different method.
If the product is damaged due to careless handling by the customer, the customer is liable for any depreciation in value.
The customer cannot be held liable for any depreciation in value if the company has not provided all the legally required information about the right of withdrawal prior to the conclusion of the purchase contract.
Article 8 – Exclusion of the Right of Withdrawal
The company may exclude the customer's right of withdrawal for certain products, provided that the company clearly stated this in the offer and prior to the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products that are manufactured by the company according to the customer’s specifications (such as the supply of paint in a colour specifically requested by the customer).
The customer will be explicitly informed during the ordering process that the right of withdrawal does not apply to customised products, and must agree to this before completing the order.
Article 9 – The Price
During the period of validity stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
The prices mentioned in the offer for products or services are inclusive of VAT.
All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the case of typographical or printing errors, the company is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The company guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations at the time of the conclusion of the agreement.
If agreed, the company also guarantees that the product is suitable for use other than normal use.
Any warranty provided by the company, manufacturer or importer does not affect the legal rights and claims that the customer can enforce under the agreement against the company.
Any defects or incorrectly delivered products must be reported to the company in writing within 2 months of delivery. Returns of products must be agreed upon in writing with the company (via email), and the products must be returned in their original packaging and in new condition.
The company’s warranty period corresponds to the manufacturer's warranty period. However, the company is never responsible for the ultimate suitability of the products for each individual use by the customer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- the customer has altered the delivered products or had them altered by third parties;
- the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the company's instructions and/or those on the packaging;
- the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The company shall exercise the utmost care when receiving and executing orders for products.
The delivery address is the address provided by the customer to the company.
Subject to what is stated in this article, the company shall execute accepted orders with due speed and within a maximum of 5 working days. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the customer shall be informed no later than 5 working days after placing the order. In such cases, the customer is entitled to dissolve the agreement free of charge. The customer is not entitled to compensation.
All delivery times are indicative. Although the company will strive to deliver within the stated timeframes, no rights may be derived from these estimates. Exceeding a delivery term does not entitle the customer to compensation unless explicitly agreed otherwise in writing.
In the event of dissolution in accordance with this article, the company shall refund any amount paid by the customer as soon as possible, but no later than 14 working days after dissolution.
If delivery of an ordered product proves impossible, the company shall make every effort to provide a replacement article in consultation with the customer. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items unless they are paint products. The costs of a potential return shipment are borne by the company.
The risk of damage and/or loss of products rests with the company until the moment of delivery to the customer or a representative designated in advance and made known to the company, unless expressly agreed otherwise.
Article 12 – Payment
The customer is obliged to immediately report any inaccuracies in the provided or stated payment details to the company.
In case of non-payment by the customer, the company has the right, subject to legal restrictions, to charge the customer reasonable costs previously made known.
Article 13 – Complaints Procedure
The company has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints about delivered products must be submitted in writing (via email), fully and clearly described, within 2 months after delivery.
Complaints submitted to the company will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the company shall respond within 14 days with a confirmation of receipt and an indication of when the customer can expect a more detailed response.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
Customers must first submit their complaint to the company. The company is currently not affiliated with a quality mark or dispute resolution body.
A complaint does not suspend the company's obligations, unless the company indicates otherwise in writing.
If a complaint is deemed justified by the company, the company shall, at its discretion, replace the delivered products free of charge.
Article 14 – Disputes
Agreements between the company and the customer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the customer resides abroad.
The Vienna Sales Convention (CISG) does not apply.
Article 15 – Additional or Deviating Provisions
The company reserves the right to apply additional or deviating provisions for specific orders.
However, any additional or deviating provisions from these general terms and conditions must not be to the detriment of the customer and must be recorded in writing or in such a way that the customer can store them in an accessible manner on a durable data carrier.
Article 16 – Privacy and Data Protection
The company respects the privacy of all users of its websites and ensures that the personal information provided by the customer is treated confidentially.
The company uses customer data to process orders as quickly and easily as possible. For other purposes, the company will only use this data with the customer's consent.
The company will not sell personal information to third parties and will only make it available to third parties involved in the execution of the order.
Article 17 – Intellectual Property Rights
All intellectual property rights related to the company’s products and (any) services, as well as to designs, documentation, images and other materials developed and/or used in the context of the agreement/order between the customer and the company, are owned by the company or its licensors.
The customer is not permitted to use or reproduce these rights without written permission from the company.
Article 18 – Force Majeure
The company is not obliged to fulfil its obligations towards the customer if it is hindered due to force majeure. Force majeure refers to any situation beyond the company’s control that makes it impossible for the company to fulfil its obligations to the customer, in whole or in part.
During a period of force majeure, the company’s obligations are suspended. If the force majeure lasts longer than three months, both parties have the right to terminate the agreement without court intervention. In such a case, there is no obligation for compensation.