General terms & conditions

Terms and Conditions

Definitions

In these terms and conditions we speak of:
1. Entrepreneur,  acting by the name of Decovista: as the natural or legal person
which offers products and/or services to consumers from a distance.

2. Customer or consumer: the natural person who does not act in the name of a firm or occupation and who makes a distant agreement with the entrepreneur

Entrepreneur delivers an order to the customer while complying with the legal reflection time or respite period of fourteen  (14) days, as stated in the consumer law. The respite period starts on receipt of the product. The customer is, on receipt, obliged to search the products for any impediments or damage. If this is the case, the customer should inform Entrepreneur, by email or telephone, of this fact as soon as possible and at maximum within two (2) days after receipt of the product/good. That is to say two days after the impediment/damage could have been spotted, generally speaking. If a customer does not accept the delivery for whatever reason, he/she has the right to return the product, within seven working days, in its original state and in its, as far as this is possible, original and undamaged, packaging to Entrepreneur, in order to resolve the agreement. Entrepreneur will return the payment within, at maximum, fourteen days after the product is received according to the conditions stated above. Returned products should be sent to the address displayed on the website. All forwarding-charges (for delivery as well as for the possible return), as are the risks for return (loss, damage etc.), are for the customer to pay.
Excluded from a respite period are the orders of the hand painted and hand refined products, of Toms Company (Toms Drag) and orders which involve down payment or those which are not offered on our site. When speaking of small impediments to hand crafted products no rights can be deducted from advertisements, because these small differences in the products occur because of the way these products are crafted, Decovista preserves the final judgment in these cases. In cases of damage as a result of transport, the product will be replaced. This is only when acted by the central points regarding the offering of damaged goods. Also look at: ‘Shipping & Returns’ in our Conditions for Return, especially sub A.

Applicability

These terms and conditions are only relevant for all offerings and quotes on Entrepreneurs internet location, for all agreements made between customers and Entrepreneur and all orders made by the customer via the internet location. Accepting an offer or putting in an order means that the customer agrees and accepts the applicability of these terms and conditions. The terms and conditions can be found at our internet web shop, here they can be downloaded and printed or be requested to be sent to the customer. On settlements made between customer and Entrepreneur, on which these terms and conditions apply, only Dutch laws are in force.

Realization of settlement/agreement

The agreement between the customer and Entrepreneur is realized the moment the customer receives a confirmation in writing (which also includes a digital confirmation) of his order.

Prices and payments
The prices stated on Entrepreneurs internet locations are in Euros, include VAT and exclude shipping costs. Decovista is not responsible for any duties/taxes/handling fees or providing customs agents. All international sales are final.A  part of the fee for credit card and PayPal payments will be added to the invoice. This fee is a charge by the payment provider /credit card companies. No fee will be added for bank transfers. The exact fee for each payment option (is visible before selecting. 

The prices of the products ordered match the prices displayed on the internet location at that precise moment (typos set aside). Prices agreed upon by Entrepeneur / Decovista and her subcontractors, by other ways than by the internet location, do not bind Entrepeneur for products ordered by the internet location.

Entrepeneur preserves the right to adjust prices and tariffs. Adjusted prices and tariffs come into force the moment they are stated on the internet location. If a quote does not have an explicit expiration date the quote will be valid for at most 30 days after it has come into force. Entrepeneur has the right to adjust her prices at any given moment. Prices already agreed on by customer and Decovista by means of an order will, however, not be raised unless the given price is a mistake.

Orders

Orders can be made from all EU-countries and Non-EU countries. Not every product can be delivered due to its size, weight and/or vulnerability. Contact the Entrepreneur to ask for the possibillities of shipping. We are not responsible for any duties/taxes/handling fees or providing customs agents. All international sales are final.

Delivery Location

The customer can choose a delivery location simply by filling  the delivery form, this can be an other address than customers residence (but not Postbox!).
This might come in handy when the customer is absent a lot or when the product ordered is a gift. Customer is responsible for filling out the correct address information. When these do not fit, and the delivery cannot be made, Entrepeneur cannot be held responsible. A new delivery attempt to the correct address can be made after paying for the additional shipping costs.

Gift service
Most normal sized articles can be ordered as gifts, meaning the article will be packed in gift wrapping. This is a FREE service. Entrepreneur will - without any obligation - take care that the concerning product will be packed a requested.
 
Availability and delivery time
Articles in stock will, generally speaking, be shipped within 1 - 4 working day after receiving payment. If entrepreneur expects to exceed the legal delivery period of 30 days,  the European customer will be contacted whether he/she wants to continue the order through or cancel it free of charge. This will occur before any order is pushed through. If the customer wants to cancel, the possible down payment will be return as soon as possible, and at maximum within 14 days. If the customer does not want to use the cancellation possibility he explicitly concurs with the possibility that Entrepeneur will exceed the legal delivery period of 30 days and he loses the right to cancel the order on these grounds. If the ordered Tom's Company product still has not been delivered after 12 weeks, the customer can cancel the settlement/order and will receive his possible down payment within 14 days. For any other deliveries which exceed the legal delivery period of 30 days – with consideration of the cases stated above – is given that they can be cancelled cost-free and the possible down payment will be returned to the customer within 14 days.
 
Down payments
If a down payment or deposit has been agreed between the entrepreneur and the customer, then the
buyer is aware that there may be a longer delivery time than 30 days. This delivery time can be a month or longer. When effecting a deposit, the customer agrees to this longer delivery time and will not invoke the right to terminate the agreement free of charge on the grounds of longer delivery time. If the customer does wish to withdraw from the contract, for whatever reason, he agrees and accepts the fact, that any costs associated with the withdrawal or cancellation will be deducted from the deposit. The goods for which the customer has made a down payment, remain the property of the entrepreneur until full payment has been made by him.
 
Collecting orders
Most products can be collected from our warehouse in the Netherlands after making an appointment. 
 
Confirmation of forwarding:
As soon as an order is shipped, the customer receives a (digital) message with a tracking  code and the name of the shipping company.
Large items like furniture or large sculptures are usually delivered on a pallet through a expediting company. This will include one delivery attempt. If the addressee is not at home at the time of delivery, a second delivery attempt will incur additional charges.
 
Delivery time:
The delivery time depends on the country of destination. Because after transferring the goods to the parcel service we have no influence on the time of transport, or delays due to customs clearance, we cannot guarantee an exact delivery time. We provide the buyer with a track-trace code, which allows him to follow the progress.

When absence occurs on the time of delivery of general packages, the courier may leave a note in the mailbox or make a second delivery attempt. The procedure may vary from country to country. When the adressee does not respond in time, either for contacting the courier, collecting the parcel at a post office or distribution point, or is not available when the second deliverey attempt is made, the parcel may be left (depending on situation) at the neighbours, or (most certainly) will be returned to the sender. After the package has left the warehouse, entrepreneurs  no longer affects the delivery or return of the package.
 
Withdrawel / returning goods:
The cost of returning a package is entirely the customer's responsibility if he wishes to withdraw from the purchase. If we have sent the wrong article, then the costs for returning the package is for our expense. The detailed rules of conduct can be found under the heading 'Shipping & Returns' , these form part of the Terms and Conditions, as does the Disclaimer.
 
Warranty
On our items with electronic components we give a two-year warranty. We will try to repair or replace the defective item as long as it is still available. If neither is possible then we will determine its residual value based on the expected life of small household items and the time elapsed therefrom.
Handmade, decorative design objects such as furniture and mirrors: the warranty on these is limited to construction defects occurring within one month. Warranty does not apply to wear and tear of furniture fabrics, paint damage and discoloration that may occur over time, or occur as a result of bumping, sliding, use or sunlight. These objects and furniture are suitable for light use only. Warranty on decorative ornaments mounted under, or on furniture and mirrors, as well as suspension structures of home decoration and mirrors and movable parts are excluded from warranty.
Decorative cushions and cushion zippers are always excluded from warranty, as we cannot verify that the placement of the inner cushions was done with sufficient care to prevent the zipper from tearing out. This also applies to the durability, shape retention and color fastness of the upholstery fabrics because they can be caused by unsuitable cleaning or improper use.
 
Photographic or video material:
Photographs, images and logo’s used on the website are property of distributors, suppliers, importers, artists or entrepreneur and protected by copyright. They cannot be used for commercial goals without our written permission. If these rules are breached entrepreneur is entitled to charge for their use.

Dutch Version Prevails:
The Dutch version of this terms and conditions prevails the translation(s) of it. If you are not sure, please contact entrepreneur: + 31 316 249759
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