Terms of service
Terms and Conditions Azul Rugs
Article 1 - Definitions
1. In these terms and conditions, the following terms are used in the following meanings, unless explicitly stated otherwise:
o Offer: Any offer made to the Buyer to supply products by the Seller to which these terms and conditions apply.
o Consumer: The natural person who does not act in the exercise of a profession or business.
o Buyer: The consumer who enters into an agreement with the Seller.
o Agreement: The (purchase) agreement that provides for the sale and delivery of products purchased by the Buyer from Azul Rugs, including custom-made work to create a tangible product.
o Products: The products offered by Azul Rugs, including (custom-made) rugs.
o Azul Rugs: The provider and seller of products to the Buyer, including custom-made products.
o Custom Work: Activities offered by Azul Rugs for designing, producing, and selling products at the request of the Buyer.
Article 2 - Applicability
1. These terms and conditions apply to every offer from Azul Rugs and every agreement between Azul Rugs and the Buyer.
2. The Buyer will receive these terms and conditions before entering into an agreement. If this is not possible, Azul Rugs will indicate how the Buyer can review the terms and conditions, such as through the website.
3. Deviations from these terms are only valid if explicitly and in writing agreed upon with Azul Rugs.
4. These terms and conditions also apply to supplementary, amended, and follow-up agreements with the Buyer. General and/or purchase conditions of the Buyer are expressly rejected.
5. If a provision of these terms is nullified or annulled, the remaining provisions will remain in effect, and a replacement provision will be agreed upon.
6. Ambiguities or unregulated situations will be assessed in accordance with the spirit of these terms.
7. References to "she/her" also apply to "he/him/his" where applicable.
Article 3 - The Offer
1. All offers from Azul Rugs are non-binding unless stated otherwise in writing. Offers are only binding when confirmed in writing.
2. Azul Rugs reserves the right to refuse an agreement with a Buyer for valid reasons.
3. The offer contains a precise description of the products offered, including prices. Images and specifications are indicative and may differ from reality.
4. Delivery times in the offer are indicative and do not entitle the Buyer to cancellation or compensation in case of exceedance unless otherwise agreed.
5. Composite price quotations do not oblige Azul Rugs to deliver part of the products at a proportional price.
6. Offers are valid only for the Buyer to whom they are provided and are not automatically valid for repeat orders.
7. If the offer is based on data provided by the Buyer and these are incomplete or incorrect, Azul Rugs has the right to adjust rates, delivery times, and prices.
Article 4 - Formation of the Agreement
1. The agreement is formed when the Buyer accepts the offer from Azul Rugs in writing, makes a payment, or gives approval in the webshop.
2. Azul Rugs confirms the agreement by email.
3. Acceptance of the offer with minor deviations does not bind Azul Rugs.
4. Azul Rugs is not bound by obvious errors or mistakes in the offer.
5. The Buyer has the right to withdraw within the legal period for non-customized products, provided the product and packaging are handled carefully.
6. Customized products are excluded from the right of withdrawal.
Article 5 - Duration of the Agreement
1. The agreement for custom work ends upon completion of the assignment.
2. Both parties can terminate the agreement in the event of an attributable failure after a notice of default.
3. The agreement can be terminated without notice of default in the event of suspension of payments, bankruptcy, or liquidation.
Article 6 - Execution of the Agreement
1. Azul Rugs will execute the agreement to the best of its knowledge and ability and may engage third parties for custom work.
2. The Buyer must provide all necessary information in a timely manner. Delays caused by the Buyer lead to an extension of the delivery time.
3. Azul Rugs may require security or advance payment for the execution of the agreement.
4. Azul Rugs is not liable for damage caused by incorrect or incomplete information provided by the Buyer.
Article 7 - Product Delivery and Customs Duties
1. Azul Rugs ships rugs worldwide with reliable partners such as DHL and FedEx to ensure your order is delivered safely and promptly.
2. Delivery within the Netherlands and the EU: No additional customs duties or import taxes apply for orders within the Netherlands and the EU, and VAT is included in the price.
3. Delivery outside the EU: For orders outside the EU, rugs are shipped on a DDU (Delivery Duty Unpaid) basis. This means that import duties, VAT, and other taxes are not included in the total price of your order. These additional costs are the responsibility of the customer and will be charged by our shipping partners, such as FedEx or DHL.
4. Specific Information for Customers in the United States: Currently, there are no import taxes for handcrafted rugs from Morocco to the United States. However, this may change, so always check the latest customs regulations or contact us for more information.
5. Delays in Delivery Time: If the start, progress, or delivery of the agreement is delayed due to circumstances beyond the control of Azul Rugs, Azul Rugs is entitled to a reasonable extension of the delivery period. All specified delivery times are never final deadlines.
6. Assistance with Import Costs: Import duties and taxes may vary by country. We are happy to help you estimate the potential import costs for your order. Please contact us at info@azulrugs.com for personalized advice.
Article 8 - Packaging and Transport
1. Azul Rugs packages the products in such a way that they reach their destination in good condition under normal use.
2. Unless otherwise agreed, deliveries are inclusive of VAT, packaging, and packaging materials.
3. Accepting products without comments on the delivery note or receipt serves as proof that the packaging was in good condition at the time of delivery.
Article 9 - Inspection, Complaints
1. The Buyer is required to inspect the delivered goods upon receipt and report any defects within 14 days of receipt.
2. Defective products can be returned with prior written permission from Azul Rugs, provided the return conditions are met.
3. Azul Rugs is entitled to investigate the condition of the returned products before issuing a refund.
Article 10 - Custom Work Activities
1. Azul Rugs will carry out custom work to the best of its ability and is not obligated to guarantee specific results unless explicitly agreed in writing.
2. The Buyer must provide all necessary information accurately and on time for the design and execution of custom work.
Article 11 - Additional Work and Changes
1. Azul Rugs may charge additional costs for extra work or changes to the assignment. The Buyer is required to pay these costs.
Article 12 - Delivery of Custom Work
1. The delivery of custom work may be delayed due to circumstances on the part of the Buyer. Azul Rugs is entitled to a reasonable extension of the delivery time.
2. After delivery, the work is at the risk of the Buyer.
Article 13 - Prices
1. Prices include VAT for deliveries within the EU, unless otherwise stated. Import duties and taxes are not included for deliveries outside the EU.
2. Price changes due to market conditions or legal measures may be implemented if applicable.
Article 14 - Payment and Collection Policy
1. Payment must be made in advance via the specified method, unless otherwise agreed.
2. The Buyer must pay the full amount unless explicitly agreed otherwise in writing.
Article 15 - Retention of Title
1. All products delivered by Azul Rugs remain the property of Azul Rugs until all obligations of the Buyer have been met.
2. The Buyer is not authorized to encumber or pledge the products under retention of title.
Article 16 - Product Use Instructions
1. The Buyer must follow the instructions and guidelines of Azul Rugs. Making adjustments to the products is prohibited.
Article 17 - Warranty
1. Azul Rugs guarantees that the products comply with the agreement and legal requirements. Warranties expire with improper use or self-made changes.
Article 18 - Suspension and Termination
1. Azul Rugs is entitled to suspend or terminate the agreement if the Buyer fails to meet payment obligations.
Article 19 - Limitation of Liability
1. Azul Rugs is only liable for direct damage caused by intent or gross negligence. Liability for consequential damages is excluded.
Article 20 - Indemnification of Information Accuracy
1. The Buyer is responsible for the accuracy and completeness of all information provided and indemnifies Azul Rugs from third-party claims.
Article 21 - Force Majeure
1. Azul Rugs is not liable in case of force majeure, including circumstances beyond the control of Azul Rugs that prevent compliance.
Article 22 - Risk Transfer
1. The risk of loss or damage to the products passes to the Buyer upon delivery.
Article 23 - Intellectual Property Rights
1. All intellectual property rights of Azul Rugs remain with Azul Rugs. The Buyer is prohibited from using or modifying these without permission.
Article 24 - Privacy, Data Processing, and Security
1. Azul Rugs handles personal data carefully and complies with applicable privacy legislation.
Article 25 - Complaints
1. Complaints about products or the agreement must be reported as soon as possible via info@azulrugs.com. Azul Rugs aims to respond within 14 days.
Article 26 - Applicable Law
1. Dutch law applies to every agreement between Azul Rugs and the Buyer. Disputes will be settled by the competent court in Rotterdam.
