Terms and Conditions
From
Planq B.V.
Located at Groenmarkt 4, 4201 EE, in Gorinchem.
Registration K.v.K. 92293913 in Gorinchem.
1. Applicability
1. These Terms apply to and form part of all quotations and/or offers and/or Agreements under which Planq provides goods and/or services of any kind to Customer.
2. The applicability of any general or specific conditions or stipulations of Customer that differ from these Terms and Conditions, under any denomination, is expressly excluded.
3. Deviation from these Conditions may be made by the Parties only in writing and explicitly.
4. Planq is only bound by agreements that have been recorded and/or confirmed by it in writing.
5. Planq is authorized at any time to unilaterally amend provisions of these Terms and Conditions. Once notified to the Customer, the amended Terms and Conditions will apply between Planq and the Customer.
6. The provisions of these Terms and Conditions do not affect Planq's rights under the law.
3. Quotations, offers and Agreements.
1. All quotations, offers and other expressions of Planq are without obligation unless expressly stated otherwise in writing. Orders and acceptances of quotations and offers by the Customer are deemed irrevocable.
2. All images, specifications and other data about the products are indicative. Planq cannot guarantee that the colors displayed exactly match the actual colors of the products. Planq is not responsible for any inaccuracies on the Website.
3. The Customer guarantees the accuracy and completeness of the information provided by or on behalf of it to Planq on which Planq has based its offer, with the exception of obvious typographical errors. The Customer indemnifies Planq against any claim by third parties regarding the information provided by the Customer.
4. An agreement is established between Planq and the Customer in the showroom, by phone, email or other channel (for example, but not exclusively, social media) when the Customer accepts the offer made by Planq and Planq has confirmed it in writing.
5. An agreement is established between Planq and the Customer via the Website when the Customer accepts Planq's offer electronically. Planq then immediately confirms, by electronic means, the Customer's acceptance of the offer.
6. The Agreement contains a description of the Product or Service purchased.
7. The content of the Agreement between the Parties is evidenced by the Agreement and, in its absence, by the quotation/offer.
4. Execution of the Agreement
1. Planq will endeavor to perform the Agreement to the best of its knowledge and ability.
5. Delivery
1. Planq will deliver the purchased Product, unless otherwise agreed, according to the agreed deadline. If this proves impossible, the Customer may request: (i) the refund of the amount paid or (ii) the sending of a replacement Product of equal value.
2. If a (delivery) term has been agreed or stated, it is indicative and never a deadline. If the agreed deadline is likely to be exceeded, Planq will inform the Customer in writing of the delay as soon as possible.
3. Delivery will take place by the purchased Product being delivered to the Customer's home, after the Customer has made an appointment for this delivery with Planq's transport partner. The cost of Delivery is indicated per country on the Website.
4. Purchased Products, with the exception of wall cabinets, sideboards and wall shelves, delivered to the Customer's home will be assembled upon Delivery in the Netherlands and Belgium. Wall cabinets, sideboards and wall shelves are only delivered and not assembled. Also excluded from assembly are products not from the furniture category such as samples, merchandise and accessories.
5. If Delivery is to take place outside the Netherlands and Belgium, the purchased Product will only be delivered and not assembled.
6. The Customer guarantees that the purchased Product can reach the desired location without obstacles and additional efforts. If the purchased Product nevertheless cannot enter and additional efforts are necessary, the additional costs shall be borne by the Customer. This may include the need to use special aids.
7. Planq and its transport partners have the right to abort the Delivery if the relevant carrier indicates that the delivery situation is irresponsible. Transport costs and other additional costs will then be borne by the Customer.
8. Transport and possible assembly to/on a higher floor is possible in consultation with the carrier and entirely at the risk and expense of the Customer.
9. The Customer must be present at the time of Delivery. If the Customer is not present, a cancellation fee in the amount of €99 will be charged to the Customer.
10. Due to traffic conditions or other unexpected developments, the Delivery may unexpectedly and incidentally take place outside the indicated time indication. In such a case, the cancellation charges mentioned in Article 5.9 will be waived if the Customer is not present.
11. Planq is not liable for damage caused by transport from the first door/first entrance. These damages are at the expense and risk of the Customer.
6. Prices, billing and payment
1. All prices of the Products and Services mentioned by Planq on the Website are in euros and include VAT.
2. If an Agreement is concluded, the Customer must make a down payment. When ordering furniture costing more than €500, a fixed deposit of €500 is required. An order will not be taken into production until the down payment has been received. If the furniture is in stock or costs less than €500, the full amount must be paid in advance.
3. If the deposit is not received by Planq within two weeks (14 calendar days), Planq is entitled to cancel the order. However, failure to make a down payment within this period does not automatically void the order.
4. If an outstanding amount exists after the order and deposit, it must be paid before an appointment for delivery will be made.
5. If the Contract is formed and the Product can be delivered from stock, the Product must be paid in full in advance.
6. If the delivery address is located outside the Netherlands and/or Belgium, the Customer must pay the entire amount immediately upon placing the order.
7. Planq is entitled to recover the (extra-)judicial costs related to the collection of the claim, including but not limited to, the integral costs of legal assistance, from the Customer, which costs of collection amount to a minimum of 15% of the invoice amount for the Business Customer and for the Private Customer are calculated in accordance with the Besluit Buitengerechtelijke Incassokosten.
8. Planq is entitled, with the consent of the Customer, to make payment arrangements that differ from Article 6 of these General Terms and Conditions.
7. Revocation
1. If the Retail Customer has purchased a stock item through the Website, the Retail Customer may return the Product to Planq in its original condition and properly packaged within 14 days after the Customer receives the Product. After the expiry of the 14-day period, an obligation to purchase the Product arises for the Private Customer.
2. The Private Customer exercises the aforementioned right of withdrawal by sending notification of the intention to return as well as the reason for the return via the contact form on the website within 14 days of receipt. After receiving confirmation of receipt from Planq, the Private Customer must return the Product within 14 days.
3. If Planq has received the Product in good condition, the purchase amount will be refunded to the Private Customer's account within 14 days of receipt of the Product. The cost of return shipping will be borne by the Private Customer.
4. The Private Customer is liable for any decrease in value of the returned Product resulting from careless handling of the Product, the packaging of the Product as well as the shipping of the Product.
5. Excluded from the right of withdrawal are the Products composed according to the specifications of the Private Customer, which are not delivered from stock and which are manufactured on the basis of individual choices of the Private Customer.
8. Warranty
1. Planq guarantees that the Products possess those properties that the Customer may expect under the Agreement with normal use (conformity). If a Product demonstrably does not meet these expectations, the Customer is in principle entitled to repair or replacement. If this is not possible, the Customer is entitled to rescission and/or price reduction.
2. The requirements that, in the light of conformity, may be imposed on a Product, depend on the nature of the item and product-specific properties, as also described in the Appendix to these General Terms and Conditions. Scratches, traces of wear, tears, cracks, circles or stains fall outside the spheres of influence of Planq and therefore do not lead to non-conformity of the Products.
3. If necessary, Planq will bear the transportation costs associated with the warranty. Planq will bear the transportation costs based on the original delivery address.
4. The Customer is entitled to a 24-month full warranty on the Products and Services provided that all use and maintenance instructions, as listed in the Appendix to these General Terms and Conditions and on the maintenance page on Planq's website, have been followed and carried out. The warranty period does not apply to defects related to use by the Customer that does not correspond to the intended purpose of the Product.
5. Damage to a Product delivered must be reported to Planq within two working days of delivery. Damage caused by self-assembly is not covered by the warranty.
6. The Customer must behave as a good customer, which means that the Customer must properly and adequately maintain and treat the Product in accordance with the maintenance recommendations set forth in the Appendix to these General Terms and Conditions and on the maintenance on Planq's website.
7. The Customer is not entitled to a warranty if a defect in the Product is caused by (i) circumstances beyond the control of Planq or (ii) improper use of the Product.
8. This article also applies to (part of) the product if it has been replaced in its entirety by Planq as a result of a Service.
9. Planq Liability.
1. Planq is not liable for incorrect information on the Website or damage caused by use of a Product.
2. Planq's total liability due to an attributable failure to perform the Agreement or on any legal ground whatsoever is limited to compensation of an amount equal to the amount paid under the relevant Agreement insofar as it does not follow from these Terms that Planq must pay a lower amount.
3. Planq cannot invoke the provisions of Articles 10.1 and 10.2. in the case of intentional or deliberate recklessness.
4. Damages as a direct or indirect result of incorrect, incomplete and/or faulty information provided to Planq by or on behalf of the Customer are also not eligible for compensation.
5. Any claim for damages against Planq shall lapse by the mere expiration of twelve months from the date on which the claim arises, unless the Customer has filed a legal action for compensation for the damage before the expiration of that period.
6. The Customer indemnifies Planq against all claims by third parties for compensation of any damage resulting from or related to the (performance of the) Agreement with/by Planq.
11. Retention of title
1. Planq reserves ownership of the Products delivered to the Customer. Ownership of the Product does not pass to the Customer until the Customer has paid in full all amounts owed to Planq.
12. Force majeure
1. In the event of force majeure, Planq is entitled to suspend performance of the Agreement, without Planq being obliged to pay any compensation.
2. In addition to the cases regulated by law, there is force majeure on the part of Planq if Planq is unable to fulfill its obligations due to strikes, work stoppages, the failure of carriers or other service providers to Planq, a pandemic or war in the country of production or purchase of materials, government measures, the effects of such measures, illness and other facts and circumstances that are directly beyond Planq's control.
3. In the event of force majeure, the Customer shall in no case be entitled to compensation.
4. If a force majeure situation lasts longer than ninety days, each of the Parties has the right to dissolve the Agreement in writing. What has already been performed under the Agreement shall in that case be settled proportionately without the Parties owing each other anything further.
13. Intellectual Property
1. Planq reserves the intellectual property rights and powers to which it is entitled under the laws and regulations then in force, including in any case the Copyright Act and the Benelux Convention on Intellectual Property.
2. All intellectual property rights to data developed or made available under the Agreement, including - but not limited to - photographs, images and other materials on the Website or in the Store(s), belong exclusively to Planq. They may not be passed on to third parties, made available for inspection or reproduced without written consent.
14. Personal data and visual material
1. Planq processes personal data within the meaning of the General Data Protection Regulation ("AVG") of the Customer in the context of the Agreement. Such personal data will be processed in accordance with Planq's Privacy Statement, as well as applicable laws and regulations.
15. Transferability of rights and obligations
1. The Customer is not permitted to transfer any rights or obligations arising from the Agreement in whole or in part to a third party without Planq's prior written consent.
2. Planq is, however, permitted to transfer rights or obligations under the Agreement to, or have them taken over by, a third party, without the prior consent of the Customer.
16. Complaint Resolution
1. Planq makes every effort to perform the Agreement(s) to the best of its ability. If the Customer has a complaint about Planq's conduct, for example about the payment or return carried out, it must use the complaints procedure contained in this article.
2. The complaint must be submitted in writing by the Customer to Planq within 60 days of the Customer becoming aware of the facts and circumstances leading to the complaint. This can only be done through the contact form on the website. After expiry of the aforementioned period, all the Customer's rights of action in relation to (facts and circumstances leading to) the complaint will lapse. The complaint must contain as detailed a description as possible of the alleged shortcoming so that Planq is able to respond adequately.
3. Planq strives to settle the Customer's complaint as quickly as possible.
4. If in Planq's opinion the complaint is well-founded, Planq will still fulfill its obligations properly, unless in its opinion this is no longer reasonably possible. In the latter case, it will try to reach an amicable arrangement with the Customer.
5. If the complaint cannot be resolved between the Parties, a dispute arises which is subject to the dispute resolution as reflected in Article 16 of these Terms and Conditions.
6. If the Customer is not satisfied with the way the Product was transported and/or the Delivery took place, the Customer can contact the relevant carrier.
17. Other provisions
1. Should any provision of the Terms and Conditions be inapplicable or invalid in the opinion of the court, only the provision in question shall be considered as not written, the other provisions of the Terms and Conditions shall remain in full force and effect. The parties will then consult to replace the inapplicable or invalid provision with a new provision, taking into account as far as possible the purpose and purport of the previous provision.
18. Applicable law and dispute resolution.
1. All legal relationships between Parties to which these Conditions apply shall be governed by Dutch law, to the exclusion of Dutch private international law and the Vienna Sales Convention.
2. To the extent permitted, all disputes relating to a legal relationship between the Parties to which these Terms and Conditions apply, including a dispute that is only considered as such by one of the Parties, will be submitted exclusively to the competent court in Amsterdam. The Private Customer may, within one month after Planq has invoked this clause in writing, still choose a legally competent court to settle the dispute.
This Appendix is an integral part of Planq's Terms and Conditions, as adopted as of January 2024.
Conditions materials
Rezign veneer:
Please note that different textile batches may produce different color shades. Imperfections in the material are the result of a recycling process, so the color outcome is not 100% predictable.
A deviation of 5% due to different colors/fibers in the recycling process is possible. The maximum size of these different fibers can be 2x2 cm. Minor differences in color and texture compared to the samples and showroom models, as well as minor deviations in dimensions, are reserved.
Scratches or wear marks in the Rezign veneer finish are a normal result of use of a piece of furniture, however, they can often be prevented by the use of coasters and placemats. Scratches and wear cannot be prevented by and are therefore inherent to a lacquer finish.
Improper cleaning agents or contact with other caustic agents can also affect the finish, causing stains under the finish. Stains or circles may result from improper use, and are therefore not within Planq's control.
Prevention: keeping clean, humidity, temperature, coasters and placemats.
Wood furniture:
Wood is a natural product, the degree of knots and flame cannot be estimated in advance. Renders made by Planq are purely for imaging purposes and no rights can be derived from them.
Planq recommends keeping the humidity in the house constant, preferably around 55%. Also for people, the ideal humidity in the house is between 40 and 60%. A large fluctuation in temperature due to heating also negatively affects your wooden furniture. In addition, we recommend using coasters or placemats at all times so that the furniture and its finish are not exposed to scratching objects, heat or moisture. Cleaning the furniture can be done by dusting it, or possibly by wiping it with a damp cloth, then drying it off.
Beyond Planq's control - no non-conformity
Fluctuations in humidity or heat/cold and exposure to light, moisture, heat, humidity and temperature fluctuations can be prevented by the customer and are therefore beyond Planq's control. Consequences of these - such as scratches, traces of wear, tears, cracks, warping, circles or stains - do not lead to non-conformity of the product.
Upholstered furniture:
Pill formation
Pill formation is to be expected with normal use of the furniture, but is usually preventable and remediable. Pilling of upholstered products can be prevented by maintaining the products. Pilling is the accumulation of fibers, and occurs due to house dust or contact with clothing, pillows or plaids. Regular vacuuming of furniture can prevent pilling. Unexpected pill formation can be removed with commercially available pill removers.
Discoloration
Discoloration is a normal occurrence in upholstered furniture. Fabrics can discolor as a result of exposure to daylight, sunlight and friction. If necessary, you can ask us for the lightfastness (or lightfastness; this has a score of 1 (least good) to 8 (best)) of the fabrics we use. Upholstery usually scores no higher than 7, and will therefore always have some discoloration. The customer should take care to avoid direct sunlight on the furniture to minimize discoloration.
Stains
Stains in furniture fabrics can occur when liquids, oil or other substances are spilled on them. Please see our maintenance page on our website for advice on stain formation.
Prevention: vacuuming, smoothing and avoiding sunlight
Planq recommends regular vacuuming of the furniture to prevent pill formation. Unexpected pill formation can be removed with freely available pill removers on the market. Planq recommends smoothing the upholstered furniture regularly, and try to load it evenly. We also recommend avoiding direct sunlight on the furniture to minimize discoloration.
Beyond Planq's control - no non-conformity
Improper use, . Damage caused by sitting in places not logically intended for sitting (e.g. armrest, backrest) are not covered by the warranty. Pilling, creasing, foam return, discoloration and staining are to be expected with normal use of the furniture, are beyond Planq's control and will not result in non-conformity.