General Terms&Conditions

General Terms and Conditions - Serenity&Comfort
Email: info@serenityandcomfort.com
Website: www.serenityandcomfort.com

Article 1 - Definitions
Serenity&Comfort: Serenity&Comfort, located in Puttershoek, Chamber of Commerce number 92470998.
Customer: the person with whom Serenity&Comfort has entered into an agreement.
Parties: Serenity&Comfort and Customer together.
Consumer: a Customer who is also an individual acting in a private capacity.

Article 2 - Applicability
These terms and conditions apply to all quotes, offers, work, orders, agreements, and delivery of services or products by or on behalf of Serenity&Comfort.
Serenity&Comfort and the Customer may only deviate from these terms if agreed upon in writing.
Serenity&Comfort and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

Article 3 - Prices
Serenity&Comfort uses prices in euros, including VAT and excluding any additional costs such as administration or shipping costs, unless otherwise agreed in writing.
Serenity&Comfort may change the prices of its services and products on its website and in other communications at any time.
Increases in the cost prices of products or parts thereof, which Serenity&Comfort could not foresee at the time of making the offer or concluding the agreement, may lead to price increases.
The consumer has the right to cancel an agreement due to a price increase as stated in section 3, unless the increase results from a legal regulation.

Article 4 - Samples and Models
When the Customer has received a sample or model of a product, they cannot derive any rights from it other than an indication of the nature of the product, unless it is agreed in writing that the products to be delivered will correspond to the sample or model.

Article 5 - Payments and Payment Terms
Serenity&Comfort may require a deposit of up to 50% of the agreed amount when entering into the agreement.
The Customer must make a payment within 30 days after delivery.
The payment terms used by Serenity&Comfort are strict deadlines. This means that if the Customer has not paid the agreed amount by the last day of the payment term, they are automatically in default and in arrears, without Serenity&Comfort having to send a reminder or declare them in default.
Serenity&Comfort may condition the delivery on immediate payment or require security for the full amount of the services or products.

Article 6 - Consequences of Late Payment
If the Customer does not pay within the agreed term, Serenity&Comfort may charge the legal interest per month for non-commercial transactions and the legal interest per month for commercial transactions from the day the Customer is in default, with a part of a month counted as a full month.
When the Customer is in default, they must also pay extrajudicial collection costs and any compensation to Serenity&Comfort.
The collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
When the Customer does not pay on time, Serenity&Comfort may suspend its obligations until the Customer has paid.
In the event of liquidation, bankruptcy, seizure, or suspension of payment by the Customer, Serenity&Comfort’s claims against the Customer are immediately due.
If the Customer refuses to cooperate with the execution of the agreement by Serenity&Comfort, they must still pay the agreed price.

Article 7 - Right of Retention
When the Customer is in default, Serenity&Comfort may invoke the right of retention regarding the unpaid products delivered to the Customer.
Serenity&Comfort exercises its right of retention by giving written or electronic notice to the Customer.
Once the Customer is notified of the invoked right of retention, they must immediately return the relevant products to Serenity&Comfort, unless otherwise agreed in writing.
The Customer bears the costs for retrieving or returning the products as stated in section 3.

Article 8 - Right of Withdrawal
A consumer may cancel an online purchase within 14 days after purchase without providing a reason.
This right of withdrawal does not apply when:

the product has been used
the product is perishable, such as food or flowers
the product is specially made or customized for the consumer
the product cannot be returned for hygiene reasons, such as underwear or swimwear
the seal is broken on data carriers with digital content, such as DVDs or CDs
the product or service relates to accommodation, a trip, a restaurant service, transport, catering orders, or a form of leisure activity
the product is a single magazine or newspaper
the consumer has waived their right of withdrawal
The reflection period of 14 days in section 1 starts:
the day after the consumer receives the last product or part of one order
as soon as the consumer confirms that they will take digital content online
The consumer can exercise their right of withdrawal by sending an email with the subject to info@serenityandcomfort.com, possibly using the withdrawal form available on Serenity&Comfort’s website, www.serenityandcomfort.com.
The consumer must return the product within 14 days after sending the email in section 3 to Serenity&Comfort.
If the consumer does not return the product within 14 days after notifying their right of withdrawal, the right of withdrawal expires.

Article 9 - Reimbursement of Shipping Costs
When the consumer withdraws their purchase on time and returns the complete order to Serenity&Comfort on time, Serenity&Comfort will refund any shipping costs paid by the consumer within 14 days after receiving the timely returned order.
Shipping costs are only reimbursed by Serenity&Comfort if the complete order is returned.

Article 10 - Reimbursement of Return Costs
If the consumer invokes their right of withdrawal and returns the complete order on time, the Customer bears the costs for this.

Article 11 - Suspension of Performance
Unless the Customer is a consumer, they hereby waive the right to suspend the performance of any obligation arising from this agreement.

Article 12 - Retention Right
Serenity&Comfort can exercise its right of retention and in that case keep the Customer’s products until all outstanding invoices to Serenity&Comfort have been paid, unless the Customer has provided sufficient security for those costs.
The retention right also applies based on previous agreements under which the Customer still owes money to Serenity&Comfort.
Serenity&Comfort is not liable for any damage the Customer may suffer due to the exercise of its retention right.

Article 13 - Set-off
Unless the Customer is a consumer, they waive their right to offset a debt to Serenity&Comfort with a claim against Serenity&Comfort.

Article 14 - Retention of Title
Serenity&Comfort remains the owner of all delivered products until the Customer has paid all outstanding invoices to Serenity&Comfort in connection with an underlying agreement, including claims due to non-performance.
Until the ownership has passed to the Customer, they may not pledge, sell, dispose of, or encumber the products in any other way.
When Serenity&Comfort exercises its retention of title, the agreement is canceled, and Serenity&Comfort may claim compensation, lost profit, and interest from the Customer.

Article 15 - Delivery
Delivery takes place while stocks last.
Delivery takes place at Serenity&Comfort’s premises, unless otherwise agreed.
Delivery of products ordered online takes place at the address specified by the Customer.
When the Customer does not pay the agreed amounts on time or in full, Serenity&Comfort may suspend its obligations until the Customer has paid.
In the event of late payment, there is creditor default, meaning the Customer cannot hold Serenity&Comfort liable for a late delivery.

Article 16 - Delivery Time
Serenity&Comfort’s delivery times are indicative. If delivery is later, the Customer cannot claim any rights unless otherwise agreed in writing.
The delivery time starts when the Customer has completed the order process and has received a confirmation from Serenity&Comfort.
The Customer is not entitled to compensation or to cancel the agreement if Serenity&Comfort delivers later than agreed. The Customer may cancel the agreement if it has been agreed in writing or if Serenity&Comfort cannot deliver within 14 days after being notified in writing, or if something else has been agreed with Serenity&Comfort.

Article 17 - Actual Delivery
The Customer must ensure that the actual delivery of their ordered products can take place on time.

Article 18 - Transport Costs
The Customer pays the transport costs, unless the Customer and Serenity&Comfort have agreed otherwise in writing.

Article 19 - Packaging and Shipping
If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer fails to do so, they cannot hold Serenity&Comfort liable for any damage.
If the Customer arranges the transport of a product themselves, they must report any visible damage to the product or packaging to Serenity&Comfort before transport. If the Customer fails to do so, they cannot hold Serenity&Comfort liable for any damage.

Article 20 - Storage
If the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any quality loss is entirely for the Customer.
Any additional costs due to early or late acceptance of products are entirely at the Customer’s expense.

Article 21 - Warranty
The warranty on products only applies to defects caused by faulty manufacturing, construction, or materials.
The warranty does not apply:

in the case of normal wear and tear
for damage caused by accidents
for damage caused by modifications made to the product
for damage due to negligence or improper use by the Customer
if the cause of the defect cannot be determined

Article 22 - Exchanges
The Customer may exchange a purchased item. The following conditions apply:

exchange takes place within 30 days after purchase with the original invoice
the product is returned in the original packaging with the attached original price tag
the product has not been used

Article 23 - Indemnity
The Customer indemnifies Serenity&Comfort against all claims from others related to the products and/or services provided by Serenity&Comfort.

Article 24 - Complaints
The Customer must inspect a product or service provided by Serenity&Comfort as soon as possible for any deficiencies.
If a delivered product or service does not meet what the Customer reasonably expected, they must notify Serenity&Comfort within 1 month of discovering the deficiency.
A consumer must notify Serenity&Comfort within 2 months of discovering the deficiency.
The Customer must provide as detailed a description as possible of the deficiency so Serenity&Comfort can respond appropriately.

Article 25 - Notice of Default
The Customer must notify Serenity&Comfort in writing of any notice of default.
The Customer is responsible for ensuring that their notice of default reaches Serenity&Comfort on time.

Article 26 - Liability of the Customer
When Serenity&Comfort enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the terms of the agreement.

Article 27 - Liability of Serenity&Comfort
Serenity&Comfort is only liable for damage suffered by the Customer when such damage is caused by intent or gross negligence.
When Serenity&Comfort is liable for damage, it is limited to direct damage related to the execution of an underlying agreement.
Serenity&Comfort is not liable for indirect damage, such as consequential damage, lost profits, or damage to third parties.
If Serenity&Comfort is liable, this liability is limited to the amount paid out by a professional liability insurance policy. If no such insurance is in place or no damage is compensated, liability is limited to the (part of the) invoice amount related to the liability.

Article 28 - Expiry Period
Any right of the Customer to compensation from Serenity&Comfort expires 12 months after the event from which the liability directly or indirectly arises.

Article 29 - Cancellation
The Customer may cancel the agreement when Serenity&Comfort fails to meet its obligations unless the failure does not justify cancellation due to its special nature or minor importance.
If Serenity&Comfort’s performance is still possible, cancellation can only occur after Serenity&Comfort has defaulted.
Serenity&Comfort may cancel the agreement with the Customer when the Customer fails to meet their obligations fully or on time or when Serenity&Comfort learns of circumstances that provide good grounds to assume the Customer will not meet their obligations.

Article 30 - Force Majeure
In addition to article 6:75 of the Dutch Civil Code, a shortcoming by Serenity&Comfort cannot be attributed to it if there is force majeure.
Force majeure situations include:

a state of emergency, such as a civil war or natural disaster
failure or force majeure of suppliers, couriers, or others
power, electricity, internet, computer, or telecom outages
computer viruses
strikes
government measures
transport issues
bad weather conditions
work interruptions

Article 31 - Modification of the Agreement
When it is necessary for the execution of the agreement, Serenity&Comfort and the Customer may amend the agreement.

Article 32 - Change of General Terms and Conditions
Serenity&Comfort may modify these general terms and conditions.
Changes of a subordinate nature may always be implemented by Serenity&Comfort.
Major changes will be discussed with the Customer whenever possible.
A consumer may terminate the underlying agreement if there is a major change in the general terms and conditions.

Article 33 - Transfer of Rights
The Customer cannot transfer any rights from an agreement with Serenity&Comfort to others without the written consent of Serenity&Comfort.

**Article 34 - Invalid

ity of Provisions**
If a provision in these terms and conditions is invalid, this does not affect the validity of the rest of the agreement.

Article 35 - Applicable Law and Dispute Resolution
Dutch law applies to all agreements between Serenity&Comfort and the Customer.
The Dutch court in the Customer’s place of residence or Serenity&Comfort’s headquarters is competent to rule on disputes.

These terms and conditions are effective from [07-03-2025] and are available at www.serenityandcomfort.com.