General conditions

Please find our general conditions below.

Life Outdoor Living highly values your privacy.

With the process of information we are following the demands of the privacy legislation.

This means that:

- We clearly state which purpose the information given is been used for

- We limit our collection of personal / company information

- We will ask for permission to proces your information in case this is needed.

- We will take security measures to protect the personal / company information provided to us and demand the same for third parties doing orders for us.

- We will respect your right to view, correct or remove the information we are holding.

- VAT information

- Telephone number

- Billing adress

- Email adress

- Payment information

- IP adres

LIFE OUTDOOR LIVING INTERNATIONAL B.V., ROOSENDAAL THE NETHERLANDS FILED WITH THE CHAMBER OF COMMERCE IN WOERDEN UNDER NUMBER: 20125811 ON THE 1ST OF NOVEMBER 2023.

Article 1. Definitions

In these conditions the following definitions apply:

1. Life: Life Outdoor Living International B.V. and all companies affiliated to it, unless these companies have declared these conditions inapplicable.

2. Client: any (legal) entity which has given an order to Life to deliver items, has made known its intention thereto, or has invited Life to submit an offer.

3. Items: Items to be delivered/already delivered by Life.

Article 2. Scope

1.These conditions apply to all legal acts between Life and the Client, including all offers of Life, all agreements between Life and the Client, and to the execution thereof. If in connection with a transaction between the Client and Life the applicability of these conditions is established, these conditions are deemed to have been met by law on all later transactions with the Client concerned. The Client’s general conditions, including conditions of purchase, are not applicable and the applicability thereof is explicitly rejected unless and insofar as their applicability has been explicitly agreed in writing by Life. 

2.Additions or deviations from these conditions exclusively apply if and insofar as they have been confirmed in writing by Life to the Client, and exclusively relate to the specific transaction for which they were agreed and cannot be invoked by other transactions.

3.If any provision of these conditions proves to be void or voidable, the remaining provisions of these conditions shall remain unimpaired, whereas Life shall in that case always be authorised to replace the concerned provision by another provision with the same effect.   

4.Trade terms, used in offers, order confirmations or otherwise, must be interpreted according to the International Rules for the Explanation of Trade Terms, set by the International Chamber of Commerce (Incoterms) as these apply during the conclusion of the agreement. 

 
Article 3. Offers and agreements
1.All offers, proposals, images, catalogues, dimensions, weights, colours and other information provided by Life are subject to contract and can only be considered as an invitation to Client to make a further offer.  Notwithstanding the preceding, unless explicitly stated otherwise, the proposals are valid for three months only.

2.An agreement between Life and the Client does not come into effect until an order has been confirmed in writing by Life, or after Life has in fact started the carrying out of the order in whole or in part. 

3.Oral promises by and agreements with the employees of Life do not bind Life until after and insofar as they have been confirmed in writing by Life.

4.If Client does not agree with the order confirmation, this should be notified to Life in writing within eight days, in the absence of which, the order confirmation becomes irrevocable and any extra costs resulting from a request from Client to bring about changes, shall be borne by the Client. 

5.If, after the contract has been concluded, the contract is cancelled by Client for any reason, or is terminated by Life on account of a shortcoming attributable to the Client, then all the costs already incurred by Life as well as the lost profit amount and other damages shall be charged to the Client. 

6.If the order is issued in the name of a legal entity, the person issuing the order shall be held personally responsible for the legal entity complying with its obligations towards Life.

7.The Client and its personnel are bound to maintain confidentiality regarding all information of Life of a confidential nature (including drawings, models, constructions, schemes and further business information and know-how), with regard to third parties who are not involved in the carrying out of the order, all this in the broadest sense of the words, which has been made available or known to him by Life. 

 
Article 4. Delivery
1.The agreed delivery times start on the last part of the following periods:

a) the day of conclusion of the agreement;

b) the day of receipt by Life of the necessary documents, data, etc. for implementing the order.   

c) the day Life receives that which is payable in advance according to the agreement. 

2.The delivery time shall be approximated by Life and shall therefore never be taken as a fixed deadline, whereby exceeding the delivery time shall never automatically lead to shortcomings attributable to Life.   Notwithstanding intent or gross negligence by Life, exceeding the delivery time gives Client no rights to terminate the agreement in whole or in part. 

3.Life has the right to make partial deliveries and to invoice each part separately. 

4.Delivery will be FCA as referred to in the Incoterms.  Notwithstanding the above, deliveries within the Netherlands shall take place for an invoice amount exceeding € 875 free domicile.

5.Items ready for dispatch must be collected immediately after notification of Life, or within a term set to that end by Life, in the absence of which Life shall at its own discretion have the right to: 

a) have the items moved to a possibly agreed place of delivery, or stored in warehouses owned by Life or third parties, in the name and at the expense and risk of the Client.  

b) consider the agreement as terminated without judicial intervention, without prejudice to any right to claim damages and contractual interest due from the date of termination. 

6.If the Client requests to have delivery of the items made in another way than usual, Life can charge to the Client the costs related thereto. 

7.The Client has a purchase obligation with regard to the items ordered. Consequently, the Client is obliged to take up the purchased items within the agreed time.

 
Article 5. Complaints
1.Notwithstanding evidence to the contrary, the items with regard to quantity, weight, type and dimensions are deemed to be delivered in accordance with the dispatch documents. 

Deviations and other visible defects observed on delivery must immediately be noted on the delivery note and reported by registered letter to Life within ten working days after delivery.  

Non-visible defects must be reported by registered letter to Life within 10 working days after discovery, yet in any case no later than within one year after. After the expiry of these periods, the delivered items are considered as irrevocably and unconditionally accepted by the Client and deviations and defects not timely reported can no longer be invoked.   

2.Items that appear defective to the Client must be returned carriage paid to Life in their original condition within 10 working days after the report mentioned in Article 5.1, thereafter, if these items appear to be defective, Life shall be free to decide whether to repair or replace the item concerned or credit a proportionate part of the invoice. 

3.The reporting of any defect shall not suspend the Client’s payment obligation with regard to the items in dispute.  Any legal actions relating to timely reported defects must be instituted no later than one year after the written report subject to lapse.

4.Quality requirements or quality standards of items to be delivered by Life, whether or not after treatment, must explicitly be agreed in writing. Small difference in quality, colour, dimensions or finish that are considered acceptable in the industry or are technically unavoidable shall not lead to Life being liable. 

5.Any possible guarantee obligation of Life is confined to the explicitly agreed quality provisions or explicitly agreed quality standards.     

6.If the agreement relates to items that shall be obtained from third parties by Life, Life’s liability shall at all times be restricted to all that this third party is liable for to Life.

7.Life accepts no liability for defects that occur as a result of normal wear and tear, improper use, incorrect maintenance, installation, repair or mounting work or alterations made by the Client or third parties.  

8.If items are delivered with the associated manufacturer's guarantee by the supplier of Life, Life shall accept no liability, and the Client should contact the manufacturer directly in the event of defects.  

9.Unless explicitly agreed otherwise in writing, an instruction to render services shall, by definition, not lead to an obligation of result but instead to a best effort obligation and such instruction shall merely be considered as completed properly by completion of the work.   

Life shall only guarantee the execution of the treatment described in the order confirmation and in accordance with the standards set out in writing.  Only in case of intent or gross negligence Life can be confronted within 5 working days after completion of the work because the result was not effected.  

10.If properties of the Client show defects after completion of the work performed by Life, these defects, subject to evidence to the contrary by the Client, are assumed to have been present already at the time of the offer, and no liability shall be accepted by Life in connection with these defects. The same applies if properties of the Client show other defects after repair than the defect to be repaired.  

11.Life shall not be liable for damage arising from work on the properties of the Client, unless and insofar as this damage is the result of intent or gross negligence to be demonstrated by the Client. 

12.Life is always entitled to keep the Client’s properties that have been offered to it for repair, examination, inspection, cleaning, or otherwise, in stock until the invoice for the work performed in connection therewith and the costs incurred have been fully paid. 

Article 6. Force majeure

1.If, as a result of force majeure, Life is unable to perform the agreement, Life is entitled to suspend the performance for three months and - if the impediment to perform has not been removed after expiry of that period – to terminate the agreement, without this giving rise to any right to compensation to Client or any third parties, other than the refund of any moneys already paid by the Client for deliveries that were not made. Any items or services already delivered must be paid by the Client.

2.Force majeure as referred to in Article 6.1 include in any case any circumstance – not being intent or gross negligence by Life – as a result of which Life is unable to perform the agreement.

 
Article 7. Liability
1.Life shall not be liable for damage suffered by the Client or third parties, whether or not arising from timely, or not timely, or improper performance of the agreement by Life, unless it involves damage that is directly and solely attributable to intent or gross negligence by Life. 

2.Any other liability that Life may have for damages, for whatever reason, including damage to third parties, is expressly excluded.

3.Notwithstanding the provision referred to in 7.1, liability for business, stoppage, and consequential damage are excluded under all circumstances. 

4.Liability is only accepted for compensation for damage against which Life is insured, but if the damage is not covered by any of Life’s insurance policies, the liability is limited to the amount of the net invoice value of the agreement.  Life’s liability or guarantee obligations shall not cover repairs and/or alterations that the Client made or had made without prior, explicit and written permission.

5.The Client indemnifies Life against all claims from third parties regarding product liability as a result of defects in products supplied by the Client to a third party that (also) consisted of products and/or materials supplied by Life.  

Article 8. Prices and conditions of payment 

1.The prices given by Life are exclusive of Dutch VAT and any other government duties applicable to the sale and delivery, and exclude the costs of packaging, insurance, transport, etc., unless explicitly agreed otherwise in writing.  

2.The prices stated in proposals, contracts and order confirmations are based on the cost factors applicable at the time of conclusion of the agreement, such as currency rates, manufacturer’s prices, commodity and raw material prices, wage and transport costs, insurance premiums, taxes, import duties and other governmental levies.  If, after the agreement has been concluded, circumstances occur that will affect the cost price, Life shall be entitled to charge these alterations separately to the Client or to terminate the agreement in whole or in part.  

3.In principle the invoices are raised on the date of delivery, with the proviso that a down payment of 30% of the invoice amount is then already paid.   This down payment must be received within 30 days after Life has forwarded the Order Confirmation on the bank account number given by Life. Life explicitly retains the right to unilaterally differ from this.

4.Payment of the invoices must be made within 30 days after the invoice date to the bank account number to be further indicated by Life. 

5.The right of the Client to offset any amounts owed by the Client with invoices to Life is excluded, unless there is a question of bankruptcy of Life.  Nor is it permitted without the prior written approval of Life to apply discounts to agreed and invoiced amounts. 

6.If the Client has not paid an invoice on time, he is assumed to be in default of the law without any further notice of default, and Life shall have the right to suspend the implementation of any other agreements with the Client concerned or to cancel them completely, and to charge interest on the unpaid balances amounting to 2% per month, from the first day after expiry of the payment terms referred to under 8.4 up to the date when everything is eventually settled, whereby the interest for part of a month shall be calculated as a whole month.  Insofar as necessary, Life is, contrary to the preceding, entitled to charge during the first month after the date of default an interest of 5% per day for the first five days and of 1% for the following 25 days.

7.Once the Client defaults, Life shall be entitled to charge administrative charges and extrajudicial collection costs.   The administrative charges amount to € 25 for each payment reminder.   The extrajudicial collection costs amount to 15% of the outstanding amount with a minimum of € 150. Life retains the right to calculate the extrajudicial collection costs on the basis of the rates set out in the Extrajudicial Recovery Costs Standards Act. These costs shall be due if the amount owed has not been paid within fourteen days after the first written demand.

8.Life is at liberty to determine which collections of the (part) payments by the Client are allocated, though in each case the payments shall initially be deducted from legal costs, if any, then from the extrajudicial collection expenses, then from the interest due and last from the principal sum. 

 
Article 9. Reservation of title and collateral
1.All items delivered by Life, including those items for which delivery the invoice has already been paid, remain the property of Life, until the Client has met all financial obligations to Life, of whatever type, including the obligation to pay interest and/or extrajudicial collection costs.    In case of treatment or procession of the items falling under the reservation of title that are not the property of Life or if they are mixed, Life is deemed to be co-owner of the items newly created and then in proportion to the total due to Life up to the value of those new items or those new items are then deemed to have been pledged to Life and the Client is obliged to store those items on demand of Life in a location to be allocated and managed by Life. 

2.As long as a reservation of title remains on the items supplied or Life is co-owner of the items or the items are subject to a pledge in favour of Life, they may not be encumbered by the Client or disposed of outside normal business operations, and all risks related to part or whole damage, destruction or loss, for whatever reason, shall be at the expense of the client.  The Client is obliged to adequately insure the items at its own expense, yet for the benefit of Life, against theft, fire and other dangers. 

3.Life is irrevocably authorised by the Client to immediately enter (or have entered) into the place where the items concerned are located and remove (have them removed) after invoking their reservation of title.  If, despite the authorisation, Life is prevented from retrieving its property, the Client shall incur an immediately payable and not under the authority of the court, fine of € 100 for each day that the prevention remains in place, without prejudice to the right of Life to collect the actual damages, if they exceed the total fines that have become payable. 

4.Life is always authorised by the Client to demand advance payment or additional collateral, to the satisfaction of Life, in order to meet its obligations to the Client, relating to the collection expenses and interest charges, also when these obligations are not yet payable.  If the Client does not comply with the request for this within 14 days as demanded by Life, Life shall have the right to terminate the agreement or immediately suspend or cancel the delivery of items and services pursuant to this agreement and any other agreements, and the Client shall be in default without any notice of default being required.  Furthermore, the Client in such cases shall provide Life on demand with a pledge on the movable property belonging to Life. Life shall never be responsible for any damage to the Client or third parties that arise from these actions.

 
Article 10. Applicable law and choice of forum
1.Dutch law shall exclusively apply to all offers, orders and agreements between Life and the Client on which the current general conditions apply.  

2.The Vienna Sales Convention (11 April 1980, Treaty Series 1981 no. 184) does not apply, as any other international regulation where exemption is permitted. 

3.Any disputes that may arise between the parties, however named, shall be settled in the place of the registered office of Life, unless mandatory provisions recommend another, authorised, Dutch court. 

4.For the purpose of possible legal proceedings, the Client in that case currently formally and irrevocably chooses as its address of service the address it made known to Life when concluding the agreement. This implies that legally official documents and registered letters can be offered at this address at all times, unless a different address has been given by registered letter. 

Article 11. General conditions in the Dutch, German and English language.

These conditions are drawn up and available in the Dutch, German and English language. In the event of a difference or a conflict between the Dutch and German / English text of these conditions or a difference in the interpretation thereof, the text and interpretation of the conditions drawn up in the Dutch language shall always prevail. 

 
Life Outdoor Living International B.V. Roosendaal, The Netherlands, November 2023

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