Algemene Voorwaarden

Email: customerservice@chesto.net
Company Name: Chesto
Website: www.chestoshop.nl
Address: Van Dijklaan 7 Unit 27/28, 5581WG, Waalre, The Netherlands
Effective Date: April 29, 2022

1. Definitions

  • Chesto : Chesto, registered in Waalre, Chamber of Commerce no. 85113131.

  • Customer : The individual or entity that enters into an agreement with Chesto.

  • Parties : Chesto and the customer together.

  • Consumer : A customer acting as a private individual (not for business purposes).

2. Applicability

  • These terms apply to all offers, agreements, deliveries, and services by or on behalf of Chesto.

  • Deviations are only valid if agreed upon in writing.

  • Any other terms from the customer or third parties are explicitly excluded.

3. Prices

  • All prices are in euros, including VAT, excluding additional costs unless stated otherwise.

  • Prices may be changed at any time.

  • Unexpected cost increases may result in price adjustments.

  • Consumers may cancel in case of such increases, unless legally required.

4. Samples and Models

Samples or models serve as an indication only unless otherwise agreed.

5. Payment Terms

  • Up to 50% prepayment may be required.

  • Remaining balance is due after delivery.

  • Deadlines are final; late payment results in default without notice.

  • Chesto may require full payment or a guarantee before delivery.

6. Direct Payment

Products must be paid for immediately upon purchase.

7. Consequences of Late Payment

  • Interest : 2% per month (consumers), 8% per month (businesses).

  • Additional Charges : Collection costs and damages may apply.

  • Chest may suspend services.

  • In case of insolvency, all amounts become immediately due.

  • Lack of cooperation by the customer does not waive payment obligations.

8. Right of Reclamation

  • Chesto may reclaim unpaid products in case of default.

  • Written or digital notice is sufficient.

  • Products must be returned immediately.

  • Return costs are borne by the customer.

9. Right of Withdrawal (Consumers)

Withdrawal is possible within 14 days if:

  • The product is unused and in original condition.

  • Not perishable, personalized, unsealed hygiene-sensitive, or digital content with broken seal.

  • No service involving accommodation, leisure, food, etc.

  • Not a single magazine or newspaper.

  • The consumer has not waived the right.

Start of Period:

  • Day after receiving the last item in the order.

  • Upon confirmation of receipt of digital content.

Notification:

10. Delivery and Return Costs

  • Chesto reimburses original delivery costs if the full order is returned.

  • Return shipping is paid by the consumer.

11. Suspension and Retention Rights

  • Non-consumers wave suspension rights.

  • Chesto may retain products until all invoices are paid.

  • Chesto is not liable for damages due to retention.

12. Set-Off and Ownership

  • Non-consumers waive the right to set-off.

  • Products remain Chesto's property until fully paid.

  • Customer may not pledge or sell them.

  • Reply voids the agreement; damages may be claimed.

13. Delivery

  • Subject to availability.

  • Delivered to the address provided unless agreed otherwise.

  • Chesto may suspend delivery if payment is overdue.

  • Late payment results in delayed delivery at the customer's risk.

14. Delivery Time

  • Estimated delivery times are indicative only.

  • No rights can be derived unless agreed in writing.

  • Delays do not entitle the customer to cancellation or compensation unless Chesto fails to deliver within 14 days of a written reminder.

15. Transport and Storage

  • Transport costs are the customer's responsibility.

  • Inspect packaging on delivery.

  • Chesto is not liable if visible damage is not reported beforehand.

  • Risk of quality loss or added costs from early/late collection lies with the customer.

16. Warranty

  • Applies to manufacturing or material defects only.

  • Not valid in case of normal wear, misuse, or unclear defect origin.

  • Risk transfers upon delivery or receipt.

17. Indemnity

The customer indemnifies Chesto against third-party claims related to delivered products/services.

18. Complaints

  • Must be reported as soon as possible.

  • Within 1 month (general), 2 months (consumers).

  • Must be specific and proven to relate to the agreement.

  • Does not entitle the customer to additional work beyond the agreement.

19. Notices of Default

  • Must be submitted in writing.

  • The customer is responsible for timely delivery of such notice.

20. Joint Liability

Multiple customers are jointly and severally liable for the full amount owed to Chesto.

21. Chesto's Liability

  • Only for direct damages caused by intent or gross negligence.

  • Not liable for indirect damages or loss of profit.

  • Limited to the amount covered by insurance or, if unavailable, the relevant invoice amount.

  • Images and descriptions are indicative and non-binding.

22. Expiry of Claims

All claims expire 12 months after the event that caused the damage, unless otherwise stipulated by law.

23. Right of Termination

  • The customer may terminate the agreement for attributable failures, unless minor.

  • Only after Chesto is officially in default.

  • Chesto may terminate the agreement if the customer fails to meet obligations or if there are valid concerns.

24. Force Majeure

  • Chesto is not liable for non-performance due to force majeure, including but not limited to:
    natural disasters, strikes, supplier failures, pandemics, governmental orders, etc.

  • Obligations are suspended during such events.

  • After 30 days, either party may cancel in writing.

  • No compensation is owed in such cases.

25. Amendments

  • Agreements may be modified if necessary and agreed mutually.

  • Does not apply to in-store purchases.

26. Amendments to Terms

  • Chesto may change these terms at any time.

  • Minor changes do not require prior notice.

  • Major changes will be discussed with the customer.

  • Consumers may cancel in case of substantial changes.

27. Transfer of Rights

  • Customer rights may not be transferred without Chesto's written consent.

  • This clause has proprietary effect (Dutch Civil Code Art. 3:83(2)).

28. Severability

  • If a clause is invalid, the remainder remains in force.

  • Invalid clauses will be replaced with the closest legal equivalent.

29. Governing Law and Jurisdiction

  • Dutch law applies exclusively.

  • Disputes are handled by the competent court in the district where Chesto is based, unless otherwise required by law.