General terms and conditions

Last updated:

These general terms and conditions apply to every offer, quotation, agreement and delivery by Rinke Trading BV, trading as Cadeira, established at De Nijverheid 38, 9206 AK Drachten (The Netherlands), registered with the Dutch Chamber of Commerce under number 92860109 and holding VAT number NL866196304B01.

This English text is a courtesy translation. In the event of any discrepancy, the Dutch version of these terms prevails. Questions? Contact us at [email protected] or +31 6 15567781.

Article 1 — Definitions

  1. 1.1Cadeira: Rinke Trading BV, trading as Cadeira, the user of these general terms and conditions.
  2. 1.2Customer: the natural person or legal entity entering into an agreement with Cadeira or receiving a quotation.
  3. 1.3Consumer: a customer who is a natural person and is not acting in the course of a profession or business.
  4. 1.4Business customer: any customer who is not a consumer.
  5. 1.5Products: the terrace chairs, stacking chairs and other articles offered by Cadeira.

Article 2 — Applicability

  1. 2.1These terms apply to every offer, quotation and agreement between Cadeira and the customer, unless the parties have expressly agreed otherwise in writing.
  2. 2.2The applicability of any purchasing or other terms of a business customer is expressly rejected.
  3. 2.3If any provision of these terms is void or voidable, the remaining provisions remain in full force. The parties will then agree a replacement provision that stays as close as possible to the intent of the original.
  4. 2.4Cadeira may amend these terms. Agreements already concluded remain governed by the version in force at the time they were entered into.

Article 3 — Offers and quotations

  1. 3.1All offers and quotations are without obligation, unless they expressly state a period for acceptance.
  2. 3.2Quotations are valid for thirty days from their date, unless stated otherwise.
  3. 3.3Images, colours, dimensions and weights shown are indicative. Minor deviations in colour or dimension do not give rise to rescission or damages, unless the deviation is such that the product does not conform to the agreement.
  4. 3.4Obvious errors and clerical mistakes in offers, quotations and on the website are not binding on Cadeira.

Article 4 — Formation of the agreement

  1. 4.1The agreement is formed when the customer accepts an offer or quotation from Cadeira, or when Cadeira confirms an order in writing or by email.
  2. 4.2Cadeira may refuse an order or attach additional conditions to it, for example where there is doubt about the customer's creditworthiness or in the case of unusual project volumes.
  3. 4.3Additions or amendments to a concluded agreement bind Cadeira only once confirmed by it in writing.

Article 5 — Prices

  1. 5.1Prices to business customers are exclusive of VAT and exclusive of transport, packaging and any installation costs, unless expressly stated otherwise.
  2. 5.2Prices to consumers are inclusive of VAT. Any delivery charges are stated separately before the order is placed.
  3. 5.3Volume discounts apply per model and per colour, based on the discount scale in force at the time of ordering.
  4. 5.4Cadeira may pass on price increases arising after conclusion of the agreement as a result of changes in exchange rates, raw material prices, transport costs, levies or taxes. Where the customer is a consumer and the increase occurs within three months of conclusion, the consumer is entitled to rescind the agreement free of charge.

Article 6 — Payment

  1. 6.1Payment is due within fourteen days of the invoice date, unless another term has been agreed in writing. Cadeira may require payment in advance or a deposit from new customers and for large project orders.
  2. 6.2Consumers purchasing at a distance are never required to pay more than fifty percent of the purchase price in advance of delivery.
  3. 6.3If the payment term is exceeded, a business customer is in default by operation of law, without notice of default being required. Statutory commercial interest is then payable, plus extrajudicial collection costs.
  4. 6.4For consumers, default only arises after Cadeira has sent a written reminder granting a further fourteen days to pay. Statutory interest and collection costs under the Dutch collection costs legislation are payable thereafter.
  5. 6.5The customer is not entitled to set off or suspend payment, unless the customer is a consumer or Cadeira has acknowledged the claim in writing.

Article 7 — Delivery and delivery times

  1. 7.1Stated delivery times are indicative and never constitute a strict deadline, unless expressly agreed otherwise in writing. Exceeding them does not entitle a business customer to rescission or damages.
  2. 7.2Orders placed by consumers are delivered within thirty days at the latest, unless a longer delivery time has been agreed. If that is not possible, the consumer is informed and may rescind the agreement free of charge, after which any amounts paid are refunded within fourteen days.
  3. 7.3Delivery takes place ex warehouse in Drachten, unless shipping has been agreed. Where shipping is agreed, the address stated by the customer is the place of delivery.
  4. 7.4Cadeira may deliver in partial consignments and invoice them separately.
  5. 7.5The customer is obliged to take delivery at the agreed time. Failing that, the costs of storage and additional transport are for the customer's account.

Article 8 — Transport and passing of risk

  1. 8.1On delivery to a business customer, the risk of loss and damage passes at the moment the products leave Cadeira's warehouse, or at the moment of actual delivery where shipping has been agreed.
  2. 8.2On delivery to a consumer, risk passes only once the consumer, or a third party designated by the consumer, has taken physical possession of the products.
  3. 8.3Visible transport damage must be noted on the consignment note or delivery receipt on delivery and reported to Cadeira within two working days.

Article 9 — Retention of title

  1. 9.1All products delivered remain the property of Cadeira until the customer has fully performed all its obligations under the agreement, including payment of interest and costs.
  2. 9.2For as long as title has not passed, a business customer may not pledge, transfer by way of security or otherwise encumber the products, other than in the normal course of its business.
  3. 9.3If the customer is in default, Cadeira is entitled to repossess the products. The customer hereby grants Cadeira access to the location where the products are held for that purpose.

Article 10 — Inspection and complaints

  1. 10.1A business customer is obliged to inspect the products on delivery for quantities, visible defects and conformity with the order.
  2. 10.2A business customer must report visible defects to Cadeira in writing within seven working days of delivery, quoting the order number and supplying clear photographs. Non-visible defects must be reported within seven working days of discovery.
  3. 10.3A consumer must report a defect within a reasonable time of discovering it. A report made within two months of discovery is in any event timely.
  4. 10.4Complaints do not suspend a business customer's payment obligation.
  5. 10.5Cadeira will respond substantively to a complaint within fourteen days. Where a complaint is well-founded, Cadeira will repair or replace the product, or credit the purchase price, at Cadeira's option and without prejudice to the statutory rights of consumers.

Article 11 — Warranty and conformity

  1. 11.1Cadeira warrants that the products conform to the agreement, to the specifications stated in the offer and to the statutory provisions in force at the date of conclusion.
  2. 11.2A two-year manufacturer's warranty against material and manufacturing defects under normal use applies to the Tensai products supplied, running from the date of delivery.
  3. 11.3A consumer's statutory rights in respect of conformity remain fully in force alongside the manufacturer's warranty and are not limited by it.
  4. 11.4The warranty lapses in the event of damage caused by improper or unintended use, overloading, deliberate damage, unsuitable storage or modification of the product, and in the case of normal wear and colour change consistent with prolonged outdoor use.
  5. 11.5Products are supplied for the use for which they were designed. The customer is responsible for assessing whether a product is suitable for its specific application.

Article 12 — Consumer right of withdrawal

  1. 12.1In the case of a distance purchase, the consumer has the right to rescind the agreement within fourteen days without giving reasons. This cooling-off period begins on the day after the consumer, or a third party designated by the consumer, has received the product. Where an order is delivered in several consignments, the period begins on the day the final consignment is received.
  2. 12.2The consumer notifies withdrawal within the cooling-off period by an unambiguous statement, for example by email to [email protected], or using the model withdrawal form at the foot of this page.
  3. 12.3Following notification, the consumer returns the product within fourteen days. The direct cost of returning the product is borne by the consumer.
  4. 12.4During the cooling-off period the consumer handles the product and its packaging with care, and may handle and inspect the product only as would be permitted in a shop. The consumer is liable for any diminished value resulting from handling beyond that.
  5. 12.5Cadeira refunds all payments received, including the standard outbound delivery charge, within fourteen days of notification, using the same means of payment used by the consumer. Cadeira may withhold the refund until it has received the product or the consumer has demonstrated that it has been returned.
  6. 12.6The right of withdrawal does not apply to products made to the consumer's specifications, products that are clearly personal in nature, or products that after delivery are irreversibly mixed with other items.
  7. 12.7Business customers have no right of withdrawal.

Article 13 — Returns by business customers

  1. 13.1Business customers may return products only with Cadeira's prior written consent.
  2. 13.2Returns are accepted only where the products are unused, undamaged and in their original packaging.
  3. 13.3Where a return is accepted and the product is not defective, Cadeira may charge a handling and restocking fee of up to fifteen percent of the invoice value.
  4. 13.4Products ordered specially for the customer, non-standard colours and project orders are excluded from return.

Article 14 — Liability

  1. 14.1Cadeira's liability towards business customers is limited to the amount paid out by its liability insurer in the relevant case. Where the insurer does not pay out, liability is limited to the invoice value of the delivery concerned.
  2. 14.2Cadeira is not liable towards business customers for indirect loss, including consequential loss, lost profit, lost savings and loss arising from business interruption.
  3. 14.3The limitations in this article do not apply where the loss results from intent or deliberate recklessness on the part of Cadeira or its managers, nor to the extent that they would conflict with mandatory law, including the provisions on product liability and the statutory rights of consumers.
  4. 14.4Any claim for damages by a business customer lapses twelve months after the customer became aware, or could reasonably have become aware, of the loss.

Article 15 — Force majeure

  1. 15.1Cadeira is not obliged to perform any obligation where prevented from doing so by force majeure. Force majeure includes: disruption at suppliers or carriers, transport obstructions, raw material shortages, fire, flood, cyberattacks, strikes, epidemics, government measures, import or export restrictions and acts of war.
  2. 15.2Where a force majeure situation lasts longer than sixty days, either party is entitled to rescind the agreement in writing, without any obligation to pay damages.
  3. 15.3Where Cadeira has already partly performed when force majeure arises, it may invoice the part already delivered separately.

Article 16 — Intellectual property

  1. 16.1All intellectual property rights in the website, texts, photographs, catalogues and other materials of Cadeira vest in Cadeira or its licensors.
  2. 16.2The customer may not reproduce, publish or commercially exploit these materials without Cadeira's prior written consent.
  3. 16.3Tensai Furniture brand names and product images are used with the manufacturer's permission and remain the property of the rights holder.

Article 17 — Personal data

  1. 17.1Cadeira processes personal data solely for performing the agreement, handling quotation requests, financial administration and complying with statutory obligations.
  2. 17.2Cadeira does not provide personal data to third parties for commercial purposes and does not retain it longer than necessary or legally required.
  3. 17.3The customer may access, correct or erase their data by sending a request to [email protected].

Article 18 — Governing law and disputes

  1. 18.1All agreements between Cadeira and the customer are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is excluded.
  2. 18.2Disputes are submitted exclusively to the competent court in the district of Noord-Nederland, unless mandatory law designates another court.
  3. 18.3A consumer may, within one month of Cadeira invoking this choice of forum, opt for the court having jurisdiction under the law.
  4. 18.4A consumer within the European Union may also submit a dispute via the European Commission's ODR platform at ec.europa.eu/consumers/odr.

Model withdrawal form

Complete and return this form only if you wish to withdraw from the agreement. An unambiguous statement by email is equally sufficient.

  • To: Rinke Trading BV, trading as Cadeira, De Nijverheid 38, 9206 AK Drachten, The Netherlands — [email protected]
  • I/We hereby give notice that I/we withdraw from my/our contract of sale of the following products:
  • Ordered on / received on:
  • Name of consumer(s):
  • Address of consumer(s):
  • Signature of consumer(s) (only if this form is notified on paper):
  • Date: