Terms of service

Company under Firm Art of Mats (hereinafter: Art of Mats) is registered with the Chamber of Commerce under number 89945220 and is located at Stadsring 8N (3811 HR) Amersfoort.

Article 1 - Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:
Offer: Any offer to the Buyer to make and/or deliver Products by the Seller to which these conditions are inextricably linked.
Consumer: The natural person who does not act in the exercise of a profession or business.
Buyer: the Consumer who enters into an Agreement with the Seller.
Agreement: The (purchase) agreement that extends to the sale and delivery of Products purchased by the Buyer from Art of Mats, and/or the execution of Custom Work to create and deliver a work of a material nature outside of employment against a price to be paid by the Buyer in money, with which these general terms and conditions form an inseparable whole.
Products: The Products offered by Art of Mats are custom-made doormats.
Art of Mats: The provider and seller of Products to the Buyer, as well as the provider of custom Products to the Buyer.
Customization: the customization work that Art of Mats offers is all work that coincides with the design, production and sale of Products at the request of the Buyer.

Article 2 - Applicability

These general terms and conditions apply to every Offer from Art of Mats and every Agreement between Art of Mats and a Buyer and to every Product and/or work offered by Art of Mats.
Before a (distance) Agreement is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, Art of Mats will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case are published on the Art of Mats website, so that the Buyer can easily store these general terms and conditions on a durable data carrier. .
In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed in writing with Art of Mats.
These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are expressly rejected.
If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same scope as the original provision. .
Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
If these general terms and conditions refer to she/her, this should also be construed as a reference to he/him/his, if and to the extent applicable.

Article 3 - The Offer

The Offer made by Art of Mats is without obligation. Art of Mats is only bound to the Offer if acceptance thereof is confirmed in writing by the Buyer within 14 days, or if the Buyer has already paid the amount due. Nevertheless, Art of Mats has the right to refuse an Agreement with a potential Buyer for a reason justified by Art of Mats.
Art of Mats is only bound by the Offer if acceptance thereof is confirmed in writing by the Buyer. Nevertheless, Art of Mats has the right to refuse an Agreement with a potential Buyer for a reason justified by Art of Mats.
The Offer contains an accurate description of the Product and/or Customization offered with the associated prices. The description is sufficiently detailed so that the Buyer is able to make a good assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Art of Mats. Any images and/or specific data (including but not limited to models shown and/or provided, examples of the documents as well as statements of colors, capacities, functionalities, dimensions and other descriptions in sketches, drawings, brochures, promotional material) in the Offer are only an indication and cannot be grounds for any compensation or termination of the Agreement. Minor deviations, acceptable in the industry, are acceptable and do not provide grounds for terminating the Agreement. Art of Mats cannot guarantee that the colors in the image exactly match the real colors of the Product.
Delivery times and terms stated in the Art of Mats Offer are indicative and do not entitle the Buyer to termination or compensation if they are exceeded, unless expressly agreed otherwise.
A composite price quoteve does not oblige Art of Mats to deliver part of the items included in the offer or Offer at part of the stated price.
If and insofar as there is an offer, this does not automatically apply to follow-up orders or repeat orders. Offers are only valid to the extent that they are provided to the Buyer.
If the Offer is based on information provided by the Buyer and this information proves to be incomplete and/or incorrect or this information is subsequently changed, Art of Mats has the right to adjust the rates, delivery times and/or prices stated in the Offer. . The buyer is obliged to accept the changed circumstances and to meet the stated payment obligations.

Article 4 - Conclusion of the Agreement

The Agreement is concluded when the Buyer has accepted an Offer or quotation from Art of Mats by explicitly and unambiguously agreeing to the Offer by e-mail, making a payment or agreeing.
An Offer can be made by Art of Mats online, via the website.
If the Buyer has accepted the Offer by concluding an Agreement with Art of Mats, Art of Mats will confirm the Agreement with the Buyer in writing, or at least by e-mail.
If the acceptance deviates (on minor points) from the Offer, Art of Mats is not bound by it.
Art of Mats is not bound to an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or typo. The Buyer cannot derive any rights from this error or typo.
Products are excluded from the right of withdrawal due to customization. This is expressly stated in the Offer.

Article 5 - Duration of the Agreement

The term of the Agreement with regard to the Customization is entered into for a fixed period and ends upon completion of the assignment.
Both parties may terminate the Agreement on the basis of an attributable failure to perform if the other party has been given notice of default in writing and has been given a reasonable period to fulfill its obligations and if it attributably fails to do so. This also includes the payment and cooperation obligations of the Buyer.
Both Buyer and Art of Mats can terminate the Agreement in writing in whole or in part without further notice of default, with immediate effect if one of the parties is in suspension of payments, has filed for bankruptcy or the company in question ends due to liquidation. If a situation as stated above occurs, Art of Mats is never obliged to reimburse funds already received and/or compensation. Art of Mats is entitled to immediately take back items that have not yet been paid for and reserves the right to claim additional compensation from the Buyer.

Article 6 - Execution of the Agreement

Art of Mats will execute the Agreement to the best of its knowledge and ability.
If and to the extent that this is required for the proper execution of the Agreement, Art of Mats has the right to have certain Custom Work carried out by third parties at its own discretion.
The Buyer ensures that all information that Art of Mats indicates is necessary or of which the Buyer should reasonably understand that it is necessary for the execution of the Agreement, is provided to Art of Mats in a timely manner. If the information required for the execution of the Agreement has not been provided to Art of Mats in a timely manner, Art of Mats has the right to suspend the execution of the Agreement.
In the execution of the Agreement, Art of Mats is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions require additional work for Art of Mats, the Buyer is obliged to reimburse the additional or additional costs accordingly.
Art of Mats may require security from the Buyer or full advance payment before proceeding with the execution of the Agreement.
Art of Mats is not liable for damage of any nature whatsoever that has arisen because Art of Mats relied on incorrect and/or incomplete information provided by the Buyer, unless this incorrectness or incompleteness was known to Art of Mats.
The Buyer indemnifies Art of Mats against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.

Article 7 - Product delivery

If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it in a timely manner, does not provide sufficient cooperation, the (down) payment has not been received on time by Art of Mats or due to other circumstances any delay occurs beyond the control of Art of Mats, Art of Mats is entitled to a reasonable extension of the delivery period. All agreed delivery terms are never strict deadlines. The buyer must give notice of default to Art of Mats in writing and grant it a reasonable period in which to deliver. The buyer is not entitled to any compensation due to the delay.
The Buyer is obliged to purchase the goods at the time they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
If the Buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, Art of Mats is entitled to store the goods at the expense and risk of the Buyer.
If the Products are delivered by Art of Mats or an external carrier, Art of Mats is entitled to charge delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
If Art of Mats requires information from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has made all data necessary for the execution available to Art of Mats. This also includes agreeing to the design via email. The date of approval is decisive and the average delivery time only starts from that moment.
If Art of Mats has specified a delivery period, this is indicative. Longer delivery times apply for deliveries outside the Netherlands. The average delivery time may deviate from the indication due to unforeseen circumstances. The Buyer will not be informed about this in the meantime.
Art of Mats is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. Art of Mats is entitled to invoice the goods thus delivered separately.
Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. Art of Mats reserves the right to refuse delivery if there is a well-founded fear of non-payment.

Article 8 - Packaging and transport

Art of Mats undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
Unless otherwise agreed in writing, all deliveries are made inclusive of turnover tax (VAT), including packaging and packaging materials and mandatory disposal contribution.
Accepting goods without any comments on the waybill or receipt serves as proof that the packaging was in good condition at the time of delivery.

Article 9 - Investigation, complaints

Any visible defects or shortages must be returned to the store within 14 days of receipt, or can be sent to the specified (return) address. If the Product is damaged due to careless handling by the Buyer himself, the Buyer himself is liable for any depreciation in value of the Product.
If a complaint is made in a timely manner in accordance with the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective items, this will only be done with the prior written permission of Art of Mats in the manner indicated by Art of Mats on the returns page on the Art of Mats website.
Returns must be made by the Buyer under the following conditions:
the Product must again be provided with protection and security materials;
clean, and in the original packaging;
without signs of use and undamaged;
Includes all parts from the original package.
If the buyer does not properly fulfill these obligations, or not fully, Art of Mats is entitled to offset the costs of repair and cleaning against a (residual) of the purchase price to be credited to the buyer;

Art of Mats is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.
Refunds to the Buyer will be processed as soon as possible, but payment may take up to 30 days after receipt of the return shipment. Refunds will be made to the previously specified account number.

Article 10 - Work on custom-made Products

Art of Mats will make every effort to carry out the Custom Work with the greatest possible care, as may be expected of a good contractor. All Custom Work is carried out on the basis of an obligation of best efforts, unless a result has been explicitly agreed in writing and has been described in detail. Under no circumstances does Art of Mats guarantee that the work carried out and/or the goods delivered by it are suitable for the purpose intended by the Buyer.
The scope of the implementation of the Customization extends to what has been explicitly agreed by the parties.
If the work is suspended at the request of the Buyer, the Client is obliged to pay the immediately due compensation for the Custom Work already carried out and costs incurred at that time, upon Art of Mats' first request. In addition, Art of Mats is entitled to charge the Buyer all costs arising from the suspension (this also includes reserved hours).
If the execution of the Agreement cannot be resumed after the suspension period, Art of Mats is entitled to immediately terminate the Agreement without judicial intervention, by means of a written statement to the Client. In the event of resumption of the execution of the Agreement, the Client is obliged to pay all Art of Mats costs arising from this resumption in full.
The Buyer is obliged to ensure that all information, data and measurements required for the execution of the Agreement are made available to Art of Mats in a timely manner and in the manner desired by Art of Mats;
If the Buyer does not fulfill the obligations stated in this article in a timely manner, Art of Mats is entitled to suspend the execution of the Agreement until the Buyer has fulfilled his obligations. The costs associated with the delay incurred and/or the costs for carrying out additional Custom Work or other consequences resulting from this are at the expense and risk of the Buyer.
If the Buyer fails to fulfill its obligations and Art of Mats fails to demand performance from the Buyer, this will not affect the right of Art of Mats to demand performance at a later date.

Article 11 - Additional and reduced work and changes

If during the execution of the work it appears that the Agreement needs to be adjusted and/or supplemented, or (at the request of the Buyer) further Customization is required to achieve the Buyer's desired result, the Buyer is obliged to reimburse for this additional work. according to the agreed rate/drawing and production costs, and additional material costs. Art of Mats is not obliged to comply with this request and may require the Buyer to conclude an additional Agreement for this purpose.
If a fixed price has been agreed for the Custom Work, Art of Mats will inform the Buyer about the additional costs or financial consequences of the additional work. Art of Mats will make an additional Offer for this, which must be accepted by the Client before they will carry out the additional work.
If and insofar as a fixed price has been agreed for the performance of certain work, and the performance of that Custom Work leads to additional work that cannot reasonably be expected to be included in the fixed price, or the price must be increased as a result of the incorrect information provided by the Buyer that is important for price determination.
Price changes as a result of changes to the Agreement, or on the basis of legislation and regulations, must be reimbursed by the Buyer.

Article 12 - Delivery Customization

If the commencement, progress or delivery of the Customized Work is delayed because, for example, the Buyer has not provided all the requested information or has not provided it in a timely manner, does not provide sufficient cooperation, the (down) payment has not been received on time by Art of Mats or due to other circumstances , which are at the expense and risk of the Buyer, Art of Mats is entitled to a reasonable extension of the delivery period. All agreed delivery terms are never strict deadlines.
All damage and additional costs resulting from delay due to a cause referred to in paragraph 1 are at the expense and risk of the Buyer and can be charged to the Buyer by Art of Mats.
Art of Mats makes every effort to realize the Customization within the agreed period, insofar as this can reasonably be expected of it.
If working days are mentioned, with the exception of recognized national holidays and weekends.
The buyer has an independent responsibility for the management, use and maintenance of the goods made and/or delivered by Art of Mats.
If Art of Mats has indicated that the work is ready to be delivered and the Buyer does not approve the work within a reasonable period and accept it with or without reservation or put it into use, edit it or have it processed, the Buyer is deemed to have tacitly accepted the work. to have accepted. Minor defects that can be repaired during the maintenance period are not a reason for not accepting the delivered work if this does not prevent it from being put into use. After acceptance, the work is considered completed.
After delivery, the work is at the risk of the Buyer. She therefore remains liable for the price, regardless of destruction or deterioration of the work due to a cause that cannot be attributed to Art of Mats.
Art of Mats is not liable for gdefects that the Buyer should reasonably have discovered at the time of delivery, except for intent or deliberate recklessness on the part of Art of Mats.

Article 13 - Prices

During the validity period of the Offer, the prices of the Products or Customization offered will not be increased, unless there are changes in the VAT rates.
The prices stated in the Offer include VAT, unless expressly stated otherwise.
The prices stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
If there are Products or raw materials for which there are price fluctuations on the financial market and over which Art of Mats has no influence, Art of Mats can offer these Products at variable prices. The Offer states that the prices are target prices and may fluctuate.
For Custom Work that (must) be carried out on an urgent basis or outside office hours at the request of the Buyer, a surcharge may also be charged as agreed in the quotation and/or Agreement. If items need to be shipped, the Buyer must reimburse additional costs for this.
The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise. If the stated price is a target price, this target price may be adjusted during the execution of the Agreement unless Art of Mats has warned the Buyer as early as possible of the likelihood of further exceedance and has given the Buyer the opportunity to limit the work. or simplify. Art of Mats cooperates, within reasonable limits, in the limitation or simplification. This also applies if the price depends on the estimated time for the execution of work.
If, between the date of conclusion of the Agreement (or quotation) and its implementation, (cost) price-increasing circumstances arise for Art of Mats as a result of legislation and regulations, price changes at third parties or suppliers engaged by Art of Mats or changes in the prices of the required semi-finished products, materials, parts or currency fluctuations, import and export duties (both domestic and abroad), shipping and/or delivery costs, wages, employer contributions and/or (social) premiums, etc., Art of Mats is entitled to to increase the agreed price or compensation accordingly and charge it to the Buyer.
The Buyer is obliged to pay the agreed down payment within the specified period before Art of Mats starts the execution of the Agreement. In any case, the Buyer is obliged to reimburse the costs for the materials in advance.

Article 14 - Payment and collection policy

Payment can be made in advance in the currency in which the invoice has been invoiced via the indicated method, unless otherwise agreed.
The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.
The buyer must make a lump sum payment to the account number and details of Art of Mats made known to it. Parties can only agree on a different payment term after explicit written permission from Art of Mats.
If a periodic payment obligation of the Buyer has been agreed, Art of Mats is entitled to adjust the applicable prices and rates in writing, taking into account a period of 3 months.
In the event of liquidation, bankruptcy, seizure or suspension of payment of the Buyer, Art of Mats' claims on the Buyer are immediately due and payable.
Art of Mats has the right to have payments made by the Buyer firstly deduct the costs, then deduct the accrued interest and finally deduct the principal amount and current interest. Art of Mats can, without being in default, refuse an offer of payment if the Buyer designates a different order for the allocation. Art of Mats may refuse full repayment of the principal sum if the accrued and current interest as well as the costs are not also paid.
If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the set payment term of no later than 30 days, the Buyer, being a Company, is in default. The buyer, being a Consumer, will first receive a written reminder with a period of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that period, before they falls into default.
From the date that the Buyer is in default, Art of Mats will make a claim without further notice of default on the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated in accordance with the graduated scale from the decision on compensation for extrajudicial collection costs of July 1, 2012.
If Art of Mats has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Any legal and enforcement costs incurred will also be borne by the Buyer.

Article 15 - Retention of title

All goods delivered by Art of Mats remain the property of Art of Mats until the Buyer has fulfilled all the following obligations under all Agreements concluded with Art of Mats.
The buyer is not entitled to pledge or encumber the items subject to the retention of title in any other way if ownership has not yet been fully transferred.
If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to inform Art of Mats of this as soon as can reasonably be expected.
In the event that Art of Mats wishes to exercise its ownership rights referred to in this article, the Buyer now gives unconditional and irrevocable consent and authorization to Art of Mats or third parties to be designated by it to enter all those places where the property of Art of Mats Mats are located and to take those things back.
Art of Mats has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled his payment obligations, despite an obligation to transfer or issue Art of Mats. After the Buyer has fulfilled his obligations, Art of Mats will make every effort to deliver the purchased Products to the Buyer as quickly as possible, but no later than within 20 working days.
Costs and other (consequential) damage as a result of retaining the purchased Products are at the expense and risk of the Buyer and will be reimbursed to Art of Mats by the Buyer upon first request.

Article 16 - Instructions for use of Products

The buyer of Products must follow the regulations and instructions of Art of Mats.
Buyer and third parties must refrain from adjusting and/or repairing Products themselves.

Article 17 - Warranty

Art of Mats guarantees that the Products comply with the Agreement, the specifications, usability and/or reliability stated in the offer and the legal rules/regulations at the time the Agreement was concluded. However, this does not apply if the goods to be delivered are intended for use abroad and the Buyer has expressly notified the Seller of this use in writing at the time of entering into the Agreement.
Every guarantee is explicitly agreed in writing. Product warranties never extend beyond what is provided by the manufacturer or what has been explicitly agreed. The warranty period is in principle a maximum of 2 years under normal use. The Buyer must have the Product checked annually by Art of Mats. Failure to do so will void the aforementioned warranty.
The buyer can only rely on the guarantee given by Art of Mats if the buyer has fully met his payment obligations.
If the Buyer rightly relies on an agreed warranty, Art of Mats is obliged to repair or replace the delivered goods free of charge. If there is any additional damage, the applicable liability provisions of these general terms and conditions will be followed.
The warranty expires as soon as the warranty period has expired, the warranty obligation expires, the Client makes or has adjustments made to the delivered goods and/or the delivered goods are used, treated or maintained incorrectly in the opinion of Art of Mats.
In the case of custom work, the last transferred dimensions are decisive for determining the correctness of the custom work by Art of Mats.
Shipping costs for products that are within the warranty are for the Buyer to send to Art of Mats. Returning the Product to the Buyer will be at the expense of Art of Mats. For shipping costs for products that are not covered by the warranty, both shipping and returning are the responsibility of the Buyer. The Buyer must pay the shipping costs before the Product is returned to the Buyer's address.

Article 18 - Suspension and dissolution

Art of Mats is entitled to suspend the fulfillment of its obligations or to terminate the Agreement if the Buyer does not or does not fully comply with the (payment) obligations under the Agreement.
In addition, Art of Mats is entitled to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been executed, without judicial intervention, if the Buyer does not timely or properly k complies with the obligations arising from any Agreement concluded with Art of Mats.
Furthermore, Art of Mats is entitled to dissolve the Agreement without prior notice of default if circumstances arise that are of such a nature that compliance with the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise. which are of such a nature that unchanged maintenance of the Agreement cannot reasonably be expected.
If the Agreement is dissolved, Art of Mats' claims on the Buyer are immediately due and payable. If Art of Mats suspends the fulfillment of its obligations, it retains its claims under the law and the Agreement.
Art of Mats always reserves the right to claim damages.

Article 19 - Limitation of liability with regard to product sales

If the execution of the Agreement by Art of Mats leads to liability of Art of Mats towards the Buyer or third parties, that liability is limited to the costs charged by Art of Mats in connection with the Agreement, unless the damage arose due to intent or gross negligence. debt. Art of Mats' liability is in any case limited to the maximum amount of damage paid out by the insurance company per claim per year.
Art of Mats is not liable for consequential damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products is excluded. A restriction applies to Consumers in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
Art of Mats is not liable for and/or obliged to repair damage caused by the use of the Product. Art of Mats provides strict maintenance and usage instructions that must be adhered to by the Buyer. All damage to Products as a result of use is expressly excluded from liability (this includes traces of use, damage from use, fall damage, light and water damage, theft, loss, etc.).
Art of Mats is not liable for damage that is or may be the result of any action or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
Art of Mats is not responsible for errors and/or irregularities in the functionality of the website and is not liable for disruptions or unavailability of the website for any reason.
Art of Mats is not responsible for the correct and complete transmission of the contents of e-mails sent by/on behalf of Art of Mats, nor for their timely receipt.
All claims by the Buyer due to shortcomings on the part of Art of Mats lapse if they have not been reported in writing and with reasons to Art of Mats within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer will in any case expire one year after the termination of the Agreement.
If the performance of Custom Work by Art of Mats leads to liability of Art of Mats towards the Client or third parties, that liability is limited to the costs charged by Art of Mats in connection with the assignment (once the invoice value, with the exception of the material costs , excluding VAT) unless the damage is the result of intent or recklessness bordering on intent on the part of Art of Mats.
If the Product shows defects after delivery for which Art of Mats is (proven) liable, Art of Mats must be given the opportunity to remove the defects within a reasonable period, without prejudice to the liability for damage resulting from the defective delivery. unless the costs of repair would be out of proportion to the Buyer's interest in repair instead of compensation. Art of Mats is not liable for consequential damage in any form, which also includes business damage, loss of profit and/or loss suffered, missed savings and damage due to business stagnation.
If the (consequences of) improper execution of the work is due to defects or unsuitability of items from the Buyer, the consequences will be borne by the Buyer, unless Art of Mats has violated its duty to warn or otherwise with regard to these defects in expertise or due care has been failed. Art of Mats is also not liable for the premature use of part or the entire work by the Buyer.
All claims by the Buyer due to shortcomings on the part of Art of Mats lapse if they have not been reported in writing and with reasons to Art of Mats within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. The liability of Art of Mats expires after eeone year after the end of the agreement between the parties.

Article 20 - Disclaimer of accuracy of information

The Buyer is responsible for the accuracy, reliability and completeness of all data, information, documents and/or documents that it provides to Art of Mats in the context of an Agreement. Even if this data comes from third parties, the Buyer is responsible for this. If Art of Mats is aware or should reasonably have been aware of the inaccuracies in the order, including errors or defects in the plans, drawings, calculations, specifications or implementation instructions provided by the Buyer, Art of Mats is obliged to inform the Buyer accordingly. warn.
The buyer indemnifies Art of Mats from any liability resulting from failure to comply with the obligations in the previous paragraph or to do so on time.
The Buyer indemnifies Art of Mats against claims from third parties relating to intellectual property rights to the data and information provided by the Buyer, which can be used in the execution of the Agreement.
If the Buyer provides electronic files, software or information carriers to Art of Mats, the Buyer guarantees that these are free of viruses and defects.
The buyer also indemnifies Art of Mats against all damage, fines, penalty payments, claims and other government measures.

Article 21 - Force majeure

Art of Mats is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that cannot be attributable to her fault and is not her responsibility under the law, legal act or generally accepted views.
Force majeure in any case includes, but is not limited to, what is understood in this regard in law and case law, (i) force majeure of suppliers of Art of Mats, (ii) failure to properly fulfill obligations of suppliers that the Buyer Art of Mats are prescribed or recommended, (iii) defective goods, equipment, software or materials from third parties, (iv) government measures, (v) electricity disruption, (vi) disruption of the internet, data network and telecommunications facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems and (x) other situations that, in the opinion of Art of Mats, are beyond its control and that temporarily or permanently prevent the fulfillment of its obligations.
Art of Mats has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Art of Mats should have fulfilled its obligation.
Parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the Agreement, without obligation to compensate the other party for damages.
Insofar as Art of Mats has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attributed to the fulfilled or to be fulfilled part, Art of Mats is entitled to part to be fulfilled must be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 22 - Risk transfer

The risk of loss or damage to the Products that are the subject of the sales agreement passes to the Buyer if the Products have been provided under the Buyer's control. This is the case if the Products have been delivered to the Buyer's delivery address.
With regard to Customization of the Products, the above-mentioned risk passes at the moment when the work or Products are brought into the control of the Buyer after delivery by Art of Mats.

Article 23 - Intellectual Property Rights

All intellectual property rights and copyrights of Art of Mats belong exclusively to Art of Mats and are not transferred to the Buyer.
The Buyer is prohibited from disclosing and/or multiplying, modifying or making available to third parties all documents subject to the intellectual property rights and copyrights of Art of Mats and/or the relevant manufacturer and/or supplier without express consent. prior written permission from Art of Mats. If the Buyer wishes to make changes to items delivered by Art of Mats, Art of Mats must explicitly agree to the intended changes.
The Buyer is prohibited from using the Products to which Art of Mats' intellectual property rights rest otherwise than agreed in the Agreement.

Article 24 - Privacy, data reference protection and security

Art of Mats handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Art of Mats will inform the person concerned about this.
If Art of Mats must provide information security under the Agreement, this security will comply with the specifications agreed and a security level that is not appropriate given the state of the art, the sensitivity of the data, and the associated costs. is unreasonable.

Article 25 - Complaints

If the Buyer is not satisfied with the Art of Mats Products and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to address these complaints as soon as possible, but no later than within 5 working days after the relevant reason that led to the complaint. to report.
The complaint must be sufficiently substantiated and/or explained by the Buyer in order for Art of Mats to be able to process the complaint.
Art of Mats will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
The parties will try to find a solution together. If the complaint is found to be justified, free replacement of the same or similar product will be carried out in consultation with the Buyer.

Article 26 - Applicable law

Dutch law applies to every Agreement between Art of Mats and the Buyer. The applicability of the Vienna Sales Convention is expressly excluded.
In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive. Art of Mats has the right to unilaterally change these general terms and conditions.
All disputes arising from or in connection with the Agreement between Art of Mats and the Buyer will be settled by the competent court in Midden-Nederland, location Amersfoort, unless mandatory law provisions lead to the jurisdiction of another court.

Amersfoort, October 24, 2023