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Terms and Conditions

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General Terms and Conditions Chesterfield
The present general terms and conditions apply to agreements concluded with Chesterfield from 01-10-2021.

PRE-CONTRACTUAL INFORMATION - These general terms and conditions contain important pre- and post-contractual information for customers, including the identity and contact details of Chesterfield, the right of withdrawal for agreements concluded remotely and outside sales premises, conformity (legal guarantee) and complaint handling.

Article 1. Definitions

The terms mentioned in the General Terms and Conditions, both singular and plural, beginning with a capital letter, have the meaning given to them below.

  1. General Terms and Conditions: the present terms and conditions, which are an integral part of every Agreement.
  2. Chesterfield: trade name of the entity as further identified in Article 2 of these General Terms and Conditions.
  3. Consumer: any natural person who, when concluding the Agreement, acts for purposes outside his/her business or professional activity.
  4. Service: a service, such as performing repair or maintenance work, renting Products or any other form of service (which includes, but is not limited to, the hiring of work).
  5. Service Agreement: any Agreement other than a Purchase Agreement, for the provision of a Service by Chesterfield to the Customer.
  6. Customer: Chesterfield's counterparty in an Agreement, being a Consumer or Business Customer.
  7. Purchase Agreement: an agreement for the sale of a Product by Chesterfield to the Customer.
  8. Agreement: the agreement between Chesterfield and Customer, being a Purchase Agreement or Service Agreement.
  9. Distance Agreement: an Agreement concluded between Chesterfield and the Consumer within the framework of an organised system for the sale of Products or the provision of Services at a distance without the simultaneous physical presence of Chesterfield and the Consumer and for which, up to and including the moment of conclusion of the Agreement, only means of communication at a distance have been used.
  10. Agreement Outside Sales Premises: any Agreement concluded between Chesterfield and the Consumer: (i) in simultaneous physical presence of Chesterfield and the Consumer at a place other than Chesterfield's Sales Premises or for which the Consumer has made an offer under the same conditions; (ii) in the Sales Premises of Chesterfield or with the help of a means of communication at a distance, immediately after the Consumer has been personally and individually addressed at a place other than Chesterfield's Sales Premises, in simultaneous physical presence of Chesterfield and the Consumer; or (iii) concluded during an excursion organised by Chesterfield with the aim or effect of promoting and selling Products or Services to the Consumer.
  11. Party: a party to the Agreement.
  12. Product: a movable item.
  13. Sales Premises: is (i) any immovable retail space in which Chesterfield carries out its activities on a permanent basis, or (ii) any movable retail space in which Chesterfield normally carries out its activities.
  14. Business Customer: the natural person or legal entity that, when concluding the Agreement, acted for purposes within its business or professional activity.

Article 2. Identity and contact details of Chesterfield

Statutory name and entity: Chesterfield BV
Statutory registered office of the company: Franklinstraat 4a, NL 7903AC Hoogeveen
Registration number in the trade register: 53748980
VAT number: NL823916819B03

Article 3. Applicability of General Terms and Conditions

3.1. These General Terms and Conditions apply to Agreements that:
a. Are concluded Remotely or Outside Sales Premises with Consumers;
b. are concluded in a Sales Premises with Consumers; and
c. are concluded in a Sales Premises or through other channels (such as the Internet) with Business Customers.

3.2. These General Terms and Conditions apply to every Agreement, unless otherwise indicated or unless the nature of the Customer (Consumer or Business Customer) and/or the nature of the Agreement concluded (Remotely, in or Outside Sales Premises) and/or the nature of what is supplied under the Agreement (Product and/or Service) exclude its applicability.

Article 4. Offer and Conclusion of Agreement

4.1. Any offer from Chesterfield is non-binding and applies while stocks last or for the duration mentioned in the offer.

4.2. An offer made by means of an offer or quotation is valid for ten (10) days after the date stated therein, or in the absence thereof, the day of sending thereof by Chesterfield to the Customer, unless otherwise specified in the offer. If the Customer accepts an offer after the expiry of the aforementioned term, Chesterfield is not obliged to accept the acceptance of the Customer. If Chesterfield nevertheless decides to accept, the Agreement will still be concluded subject to the condition that Chesterfield accepts within ten (10) days of receipt of acceptance by the Customer.

4.3. If a Business Customer does not explicitly agree to an offer from Chesterfield, but nevertheless gives the impression of agreeing (for example by having Chesterfield carry out certain offered activities), the entire offer is deemed to be accepted.

4.4. Except for cash sales in a salesroom and prepayments, Agreements are not concluded by placing an order, but exclusively by written confirmation of acceptance of an order by Chesterfield. The written confirmation is deemed to reflect the Agreement accurately and completely, unless the Customer objects to the contents within two days of receipt.

4.5. Information, dimensions, sizes, images, statements, price indications, advertising messages and the like made known by Chesterfield with respect to offers or features of Products and Services are indicative and will be represented or made as accurately as possible. Mistakes or errors in an offer are not binding on Chesterfield towards a Customer.

4.6. Chesterfield cannot be held responsible for deviations in color of a delivered Product compared to the digital representation of that color, leather and fabric samples as well as showroom models. This also applies to dimensions and sizes compared to any correspondence, expressions, (own) drawings as well as showroom models. Such deviations may not be a reason for dispute.

4.7. Chesterfield is entitled to check before and after the conclusion of the Agreement whether the Customer is able to fulfill its payment obligations - insofar as legally permitted. If an Agreement has already been concluded, Chesterfield is entitled to terminate the Agreement if such investigation shows that Chesterfield has good grounds to fear that the Customer will not (fully) be able to fulfill the payment obligation. Insofar as it concerns an order, Chesterfield then has the right to, either motivated or not, refuse the order and/or to impose additional conditions before the Agreement can be concluded.

4.8. To the extent legally permitted, the following are excluded from applicability on the Agreement: Article 6:227b paragraph 1 BW, 6:227c BW, 7:408 paragraph 1 BW and Title 12 of Book 7 of the Dutch Civil Code (acceptance of work), except art. 7:750, 7:751, 7:752 paragraph 1, 7:757, 7:758, 7:759 BW.

Article 5. Prices

5.1. All prices communicated by Chesterfield are in euros, including VAT and excluding shipping costs, unless expressly stated otherwise.

5.2. If after the conclusion of the Agreement it appears that the relevant offer from Chesterfield was based on incorrect or incomplete data provided by the Customer which were relevant for the price determination, then Chesterfield is entitled to adjust the Agreement thereto without requiring further consent from the Customer. Chesterfield is not obliged to check the correctness of data provided by the Customer in advance.

5.3. Chesterfield is entitled to adjust the agreed prices as a result of cost-increasing circumstances that have come to light after the conclusion of the Agreement and that cannot be attributed to Chesterfield, regardless of whether Chesterfield had to take into account the possibility of such cost-increasing circumstances when determining the original price.

Article 6. Payment Terms

6.1. The ordered Products of an Agreement will only be taken into production after Chesterfield has received the down payment, as indicated on the Purchase Agreement provided to the Customer. Failure to make the down payment does not exclude the existence of an Agreement.

6.2. The remainder of the total amount of the Purchase Agreement must be paid upon delivery. If Chesterfield uses a transporter for delivery, the remainder of the total amount of the Purchase Agreement must be paid to Chesterfield before the Products to be delivered are put on transport.

Article 7. Delivery of Products

7.1. After the sale agreement has been concluded, Chesterfield will take appropriate care in the performance of the sale agreement.

7.2. Unless expressly agreed otherwise, delivery of Products shall be made to the front door at ground level at the address notified to Chesterfield by the Customer for delivery.

7.3. Chesterfield is entitled to charge the Customer additional costs for delivery of Products outside Chesterfield's regular delivery area, which costs will be communicated to the Customer prior to the conclusion of the sale agreement.

7.4. The Customer shall ensure that Chesterfield can deliver the Products and shall bear the risk of incorrect and incomplete information regarding delivery. The Customer who nevertheless wants Chesterfield to perform certain actions against the advice of Chesterfield is himself responsible for the damage caused by this.

7.5. If damages are found upon delivery of the Product, the Customer must indicate this on the delivery note. The Customer must sufficiently motivate which damages or defects are present when making a report and must send sufficient proof to Chesterfield to assess the validity of the report. Products are deemed to have been delivered undamaged if this is not stated on the delivery note.

7.6. Agreed or communicated delivery times by Chesterfield are indicative and shall be taken into account as much as possible. In case of exceeding communicated delivery times, Chesterfield is not liable for any form of consequential damage.

7.7. Products offered for delivery must be accepted within 2 weeks. If the offered Products are not taken by the Customer after this term, they will be stored at the expense and risk of the Customer against payment of storage costs for one month. If the offered Products have not been taken by the Customer after the expiry of this period, Chesterfield may consider the sales agreement as cancelled and charge the Customer cancellation costs in addition to storage costs.

7.8. Unless expressly agreed otherwise, the following applies to Business Customers:
a. Products are delivered by Chesterfield ExWorks (Incoterms 2010);
b. Transport of Products is at the expense and risk of the Business Customer;
c. Chesterfield is entitled to charge Business Customer any applicable packaging and shipping costs separately;
d. Agreed or communicated delivery times of Products should be considered indicative and never fatal. In case of exceeding communicated delivery times, Chesterfield is not liable for any form of consequential damage.

Article 8. Delivery of Services

8.1. After the Services Agreement has been concluded, Chesterfield will use its best efforts to perform the Services as soon as possible, taking due care and skill.

8.2. Agreed or communicated delivery dates are indicative and shall be taken into account as much as possible. Delivery of activities or parts thereof will take place when the activities performed in the professional opinion of Chesterfield meet the agreed upon requirements.

8.3. The Customer is required to do and leave everything reasonably desirable and necessary to make a correct and timely performance of the Services possible. In particular, the Customer shall ensure that all data which Chesterfield indicates are necessary or which the Customer reasonably should understand are necessary for the performance of the Services are provided to Chesterfield in due time. Any period within which Chesterfield must perform the Services Agreement shall not commence earlier than after all requested and necessary data have been received by Chesterfield.

8.4. If the Customer knows or suspects that Chesterfield will have to take certain (additional) measures in order to fulfill its obligations, the Customer shall immediately notify Chesterfield thereof.

8.5. Chesterfield is entitled to engage third parties in the performance of the Services. Any unexpected additional costs associated therewith are only for the account of the Customer if this has been agreed in writing in advance.

8.6. If the Business Customer considers that the delivered does not meet the Services Agreement, the Business Customer must notify this within seven calendar days after delivery. If the Business Customer fails to indicate within the aforementioned period that the delivered (in its opinion) does not meet the Services Agreement, or if the Business Customer takes the delivered, either in whole or in part, into use, then the delivered shall be deemed to meet the Services Agreement and Chesterfield can no longer be held to any form of performance or compensation.

Article 9. Right of withdrawal

This article only applies to Consumers who have entered into a Distance Contract or an Off-Premises Contract with Chesterfield. Business Customers therefore do not have the right of withdrawal.
The Consumer has the right to withdraw from the Contract within 14 calendar days (the “cooling-off period”) free of charge and without giving any reason.
For a Purchase Agreement, the cooling-off period starts on the day after the Consumer, or a third party designated by him who is not the carrier, receives the Product, or:
a. if the Consumer has ordered several Products in the same order: the day on which the Consumer, or a third party designated by him, receives the last Product;
b. if the delivery of a Product consists of several shipments or parts: the day on which the Consumer, or a third party designated by him, receives the last shipment or the last part;
c. in the case of Agreements for the regular delivery of Products over a certain period: the day on which the Consumer, or a third party designated by him, receives the first Product.

For Service Agreements, the cooling-off period starts on the day after the Service Agreement is concluded.
In order to exercise the right of withdrawal, the Consumer must inform Chesterfield BV, Franklinstraat 4a, NL 7903AC Hoogeveen, of his decision to withdraw from the Contract by an unequivocal statement. The Consumer may use the model withdrawal form (as included below), but is not obliged to do so. Only withdrawals sent in time can be exercised.

Consequences of withdrawal

If the Consumer withdraws from the Contract, the Consumer shall receive all payments made by the Consumer up to that point, excluding delivery costs, without undue delay and in any event no later than 14 days after Chesterfield has been informed of the Consumer’s decision to withdraw from the Contract. Chesterfield shall make the refund using the same means of payment as the Consumer used for the original transaction, unless the Consumer has expressly agreed otherwise; in any case, the Consumer will not incur any fees as a result of such refund.

Chesterfield may wait to make the refund until Chesterfield has received the returned Products. The returned Products will only be refunded if they are received properly packed and in undamaged condition by Chesterfield.

The Consumer must return the Products without undue delay and in any event no later than 14 days after the day on which the Consumer has informed Chesterfield of the decision to withdraw from the Contract. The Consumer is on time if the Consumer sends back the Products before the period of 14 days has expired.

The costs of returning the Products are borne by the Consumer.

The Consumer is only liable for any diminished value of the Products resulting from the use of the Products beyond what is necessary to ascertain the nature, characteristics and functioning of the Products.

If the Consumer has requested the performance of Services with regard to a Service Agreement and the performance of such Services has begun during the cooling-off period, then the Consumer shall pay an amount proportional to what has been performed until the moment that the Consumer has informed Chesterfield of the decision to withdraw from the Contract, compared to the full performance of the Agreement.

Exclusions from the right of withdrawal

The right of withdrawal does not apply to Purchase Agreements for the delivery of Products manufactured according to the specifications of the Consumer that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or that are clearly intended for a specific person.

The right of withdrawal does not apply to Service Agreements, after performance of the Service Agreement, and to the extent that the Service Agreement entails a payment obligation for the Consumer, if the performance has begun with the express prior consent of the Consumer and the Consumer has declared to waive his right of withdrawal (right of withdrawal) as soon as Chesterfield has fulfilled the Service Agreement.

Download your European model form for withdrawal here

Article 10. Cancellation by Consumer

10.1. Consumers are entitled to cancel a Service Agreement at any time, and a Purchase Agreement up until the day the Product is shipped, by written notification to Chesterfield, in which case the Consumer shall be liable to pay Chesterfield cancellation fees of seventy (70) % of the cancelled order value (excluding shipping costs), or, if higher, the actual damages suffered by Chesterfield due to the cancellation.

10.2. The cancellation right granted to the Consumer in this article does not apply to custom-made products, i.e. Products manufactured according to the Consumer’s specifications which are not pre-fabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person.

Article 11. Cancellation by Business Customer

11.1. Business Customers are entitled to cancel a Service Agreement at any time, and a Purchase Agreement up until the day the Product is shipped, by written notification to Chesterfield, in which case the Business Customer shall be liable to pay Chesterfield cancellation fees of seventy (70) % of the cancelled order value (excluding shipping costs), or, if higher, the actual damages suffered by Chesterfield due to the cancellation.

11.2. The cancellation right granted to the Business Customer in this article does not apply to custom-made products, i.e. Products manufactured according to the Business Customer’s specifications which are not pre-fabricated and which are manufactured on the basis of an individual choice or decision of the Business Customer, or which are clearly intended for a specific person.

Article 12. Retention of Title

12.1. Chesterfield retains the title to all Products delivered or still to be delivered to the Customer until the purchase price for all relevant Products has been paid in full. The reserved title also applies to any other related claims which Chesterfield has obtained from the Customer.

12.2. Chesterfield is entitled to take back the Products delivered under retention of title from Business Customers if Chesterfield has good reason to fear that the Business Customer will not fulfil its (payment) obligations. In such a case, the Business Customer shall grant Chesterfield the necessary access to the environment where the Products are located, or shall assist in obtaining the necessary access, in order to enable Chesterfield to exercise its rights. The Business Customer shall be credited for the taken-back Products in accordance with the market value at the time of taking back, as determined by Chesterfield, which shall in no case be higher than the original purchase price minus all costs incurred by Chesterfield in connection with the taking back of the Products. Chesterfield is entitled to set off any outstanding receivables against the amount to be credited.

12.3. The Customer is not allowed to pledge or encumber in any other way the Products falling under the retention of title.

Article 13. Compliance

With respect to the sale of Products, Chesterfield guarantees that the delivered Product will correspond as well as possible to the Agreement. In this context, Chesterfield will fulfill its obligations towards the Customer with regard to (non-) conformity as well as possible. Since all Products sold by Chesterfield are largely made of natural materials by hand, it is possible that the delivered Products may differ slightly in size, color, texture, etc., which differences are accepted by the Customer in advance and cannot be a reason for dispute.

Article 14. Liability

14.1. This article only applies to Consumers to the extent permitted by applicable law.

14.2. The total liability of Chesterfield towards the Customer for any attributable breach of an Agreement or otherwise is limited to compensation for direct damage. Direct damage is exclusively understood to mean (a) the reasonable costs for determining the cause and extent of the damage; (b) any reasonable costs incurred to make the performance of Chesterfield comply with the Agreement; and (c) reasonable costs incurred to prevent or limit damage, provided that the Customer demonstrates that these costs have led to a reduction of direct damage.

14.3. The maximum amount for which Chesterfield can be liable is limited per event, whereby a series of related events is considered one event, to what the Customer owes Chesterfield under the Agreement. In no case will the total compensation for any damage exceed two thousand five hundred euros per Agreement. Chesterfield never has to pay any other compensation than is expressly regulated in these conditions.

14.4. Any limitations of liability mentioned in the Agreement or General Terms and Conditions shall lapse if and to the extent that the damage in question is the result of intent or gross negligence of the management of Chesterfield.

14.5. The liability of Chesterfield for any attributable breach of an Agreement only arises if the Customer puts Chesterfield in default in writing and in a timely and proper manner, setting a reasonable period for remedying the breach, and Chesterfield continues to fail to fulfill its obligations in an attributable manner after that period. The notification of default must contain as detailed a description of the failure as possible so that Chesterfield is able to respond adequately.

14.6. A precondition for the arising of any right to compensation is always that the Customer must notify Chesterfield in writing and registered mail of the damage as soon as possible after becoming aware of it. Any claim for compensation for the Customer will lapse by the mere expiration of three months after the Customer has become aware of or should reasonably have been aware of the damage.

14.7. Chesterfield is not liable for damage caused by causes that it did not know or should have known, such as damage as a result of the influence of building moisture, air humidity, indirect effects of sun / cv pipes / stoves, etc.

Article 15. Force Majeure

Chesterfield is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure includes, among other things: disruptions or failures of the internet, power outages, network attacks (such as DDoS attacks), domestic unrest, transport disruption, strike, stagnation in supply, fire, flooding, import and export restrictions and in the event that Chesterfield is unable to deliver due to its own suppliers, for whatever reason, so that fulfillment of the Agreement can not reasonably be expected of Chesterfield.

Article 16. Complaints and Disputes

16.1. If the Customer is not satisfied with the way in which Chesterfield has performed the Agreement, the Customer is requested to make this known in a timely manner via the contact details stated on the website. Every report or complaint will be handled carefully and as soon as possible. This also applies to defects that have arisen after delivery due to use corresponding to the intended purpose of the delivered Product. Failure to report in time may result in the Customer losing his rights in this respect.

16.2. Warranty provisions are only applicable in the case of use corresponding to the intended purpose of the delivered Product. The Customer must behave as a good acquirer, which includes, among other things, maintaining and treating the Product properly and adequately.

16.3. In case of Complaints, the Customer grants Chesterfield the opportunity to inspect and/or repair the Complaint on or on behalf of the Customer. If a Complaint can be properly repaired, the Product does not have to be exchanged. The Customer must prevent or limit his Complaint as much as possible. Deviations in color, wear resistance, structure, etc. may limit the right to warranty if the deviations are acceptable from a technical point of view according to usual standards.

16.4. Complaints are not an excuse for the Customer not to fulfill his payment obligations.

16.5. Unless otherwise agreed, showroom models are excluded from warranty.

16.6. A Consumer residing in the European Economic Area and with whom Chesterfield has entered into an Agreement at a Distance or an Agreement Outside the Retail Space may refer to a dispute committee via the European ODR Platform, which can be found at: https://ec.europa.eu/consumers/odr/ , if the Consumer is not satisfied with the way in which Chesterfield has handled his Complaint.

Article 17. Other provisions

17.1. Dutch law applies to Purchase Agreements. The applicability of the Vienna Sales Convention is excluded.

17.2. The choice of law from the first paragraph will not, in relation to Consumers, result in the Consumer losing any protection that the Consumer enjoys under mandatory provisions of the country in which the Consumer has his habitual residence, in accordance with Article 6 of the Rome-1 Regulation ((EC) 593/2008).

17.3. All disputes that may arise in connection with agreements with Chesterfield will be submitted to the Dutch court in the district where Chesterfield is established. Chesterfield will grant Consumers a period of one month from the date on which Chesterfield has invoked this clause (forum choice) in writing towards the Consumer, to choose the court for the settlement of the dispute according to the law.

17.4. In relation to Business Customers, if a provision in these General Terms and Conditions is found to be invalid or is declared invalid, this will not affect the validity of the remaining General Terms and Conditions. In that case, the Parties will agree on a new provision to give effect to the intention of the original provision as far as possible in accordance with the law.

17.5. The term "written" in these General Terms and Conditions also includes communication by e-mail, provided the identity of the sender and the integrity of the e-mail can be sufficiently established.

17.6. Provisions that may not be included in these General Terms and Conditions are deemed to be as close as possible to the intention of the Articles mentioned in these General Terms and Conditions.

17.7. These General Terms and Conditions are registered with the Chamber of Commerce.
 

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