ARTICLE 1 – QUOTATIONS
- Non-binding Quotations
Quotations from Duran Interiors without a specified validity period are non-binding. This means Duran Interiors is not obligated to hold the offer for a specific period, and you are only bound once you accept the quotation.
- Models, Images, and Drawings
The models, images, drawings, and measurements provided by Duran Interiors with the quotation offer a general impression of the product. Minor adjustments in design that do not materially affect technical or aesthetic quality are allowed. No compensation is due for this, and you cannot refuse delivery or payment on these grounds.
- Ownership of Images and Drawings
Images and drawings provided by Duran Interiors at your request remain the property of Duran Interiors at all times. Upon request, you must return them immediately. Failure to do so will incur a fee determined by Duran Interiors. This also applies if Duran Interiors has explicitly requested their return in writing.
ARTICLE 2 – ACCEPTANCE OF ORDERS
- Duran Interiors only enters into a sales agreement on the condition that the buyer is sufficiently creditworthy, provided this has been clearly indicated beforehand.
- If Duran Interiors does not notify in writing within 25 working days after the agreement that the order cannot proceed due to insufficient creditworthiness, the agreement becomes final. However, Duran Interiors always retains the right outlined in point 3.
- If a buyer has defaulted on previous payments, Duran Interiors may always demand payment guarantees, even if the order is already partially in progress.
- Orders taken by Duran Interiors representatives are binding for both parties. However, Duran Interiors may inform the buyer in writing within 15 working days if (part of) the order cannot be fulfilled, for example due to changed circumstances. In that case, the order is considered canceled unless new terms are agreed upon.
- Changes or cancellations by the buyer are only valid upon written confirmation from Duran Interiors. If Duran Interiors does not respond within 15 working days, the change or cancellation is considered accepted.
- If Duran Interiors sends an order confirmation differing from the buyer’s original order (e.g., in price or delivery time), the buyer will be informed. If the buyer does not object in writing within 3 working days, the order becomes final.
- Cancellations of confirmed orders by the buyer are only accepted with Duran Interiors’ consent. In such cases, Duran Interiors may charge for incurred costs.
- For orders under €300, Duran Interiors charges an administrative fee due to higher processing costs. If no specific agreement exists, this fee is €22.
- If a sales agreement arises after a private customer of the buyer visits the Duran Interiors showroom, Duran Interiors may charge a fee.
- When Duran Interiors upholsters furniture using fabric provided by the buyer (“customer’s own fabric”) or using non-stock fabric (“special-order fabric”), the following applies:
- The fabric must be supplied to Duran Interiors at no cost.
- Fabrics ordered through wholesalers are only accepted if Duran Interiors also holds that fabric in special-order stock.
- The fabric must be labeled with the buyer’s name, address, order number, and item number.
- If special fabric handling requirements (e.g., grain direction or pattern alignment) are not clearly communicated, Duran Interiors is not liable.
- Fabric remnants cannot be returned or refunded unless otherwise agreed in writing. f. For difficult fabrics, leather, or two-tone upholstery, Duran Interiors may charge extra if additional costs arise, provided the buyer was informed and agreed. g. The lead time begins only after Duran Interiors receives the fabric.
ARTICLE 3 –SHIPPING AND DELIVERY
- If Duran Interiors ships the goods directly or via a third-party carrier, delivery is made to the customer’s ground-floor warehouse. Until delivery, Duran Interiors bears the risk of damage or loss.
- If delivery occurs at another location (e.g., a rail station or Duran Interiors’ loading dock), the risk transfers upon delivery there, unless the customer immediately reports issues like poor packaging.
- Shipping costs are borne by the customer unless explicitly included in the product price.
- If the customer refuses to accept properly delivered goods, all resulting costs (storage, transport) are their responsibility.
- If the agreed delivery date is postponed at the customer’s request, the first week of delay is free. After that, Duran Interiors charges storage fees: €25/week for small goods (e.g., cushions) and €100/week for large goods (e.g., sofas).
ARTICLE 4 – RETENTION OF TITLE
- Goods delivered by Duran Interiors remain their property until full payment is received. This includes:
- All delivered and future goods;
- All current and future services;
- Any damages due to breach of contract.
Ownership remains even if goods are processed or combined, and Duran Interiors may reclaim them without warning or legal action.
- Until ownership transfers, the buyer may only use or sell the goods as part of normal business operations. In case of insolvency or bankruptcy, the buyer may not sell or pledge the goods.
- Duran Interiors may retrieve their goods wherever located, as long as ownership has not transferred.
- If the buyer violates these terms, they owe a penalty of 10% of the unpaid amount, in addition to other rights Duran Interiors may have.
- If a third party (e.g., insurer or financier) pays for the goods, they assume Duran Interiors’ rights regarding those goods.
- When a third party pays, Duran Interiors transfers ownership to that party. The buyer then holds the goods on their behalf.
- Even if a third party takes ownership, the buyer may still hold Duran Interiors accountable for breaches of contract.
ARTICLE 5 – DELIVERY TIME
- The stated delivery time is an estimate. Duran Interiors will make reasonable efforts to deliver on time but is not liable for delays caused by unforeseeable circumstances.
- If a fixed delivery date is agreed in the signed offer and that deadline is missed, Duran Interiors is responsible, and the buyer may cancel the contract.
- If delivery is delayed as per clause 1, Duran Interiors is granted an extension equal to the original delivery time, up to a maximum of one month. If delivery still doesn’t occur, the buyer may cancel without warning or claim damages.
ARTICLE 6 – COMPLAINTS (CLAIMS)
- Complaints about delivered goods must be submitted in writing within one year of delivery. If the issue is discovered earlier, it must be reported immediately. Each delivery is treated as a separate transaction.
- The customer must inspect deliveries immediately. Visible defects must be reported within 3 working days. Late complaints will not be processed.
- Duran Interiors only serves business clients. Complaints from private customers are not accepted, except if:
- The business buyer is bankrupt,
- The private customer presents valid proof of purchase, and
- The complaint is submitted within one year.
- If a timely complaint is accepted, payment of the related invoice is suspended until the issue is resolved.
- Returns are only allowed with written permission. If no response is given within 10 working days, permission is implied. Unauthorized returns do not release the customer from payment obligations. The customer bears all return costs and is liable for transport damage due to poor packaging.
- Repairs by the customer or third parties are only reimbursed with prior written consent from Duran Interiors.
ARTICLE 7 – WARRANTY
- Duran Interiors provides a one-year warranty on furniture from the invoice date. This applies to the buyer and first user for defects caused by normal use and attributable to Duran Interiors.
- Within one year: repair or replacement, including freight within the Netherlands, is fully covered.
- Warranty is void if:
- The product was mishandled;
- Maintenance was insufficient;
- The defect is unrelated to product quality but due to misuse.
- Exclusions from warranty:
- Normal wear (scratches, dents, seat sagging);
- Exposure to direct sunlight (e.g., lampshades, Verora vases);
- Fading from light or other natural causes;
- Stains from spills or incorrect cleaning;
- Damage from extreme use, unsuitable cleaning agents, or improper environment;
- Poor installation unless done by Duran Interiors or its agents.
ARTICLE 8 – LIMITATION OF LIABILITY
- Duran Interiors’ liability is limited to the net invoice amount of the defective product, unless this is demonstrably unfair to the buyer.
- Duran Interiors is not liable for indirect damages, including:
- Loss of profit;
- Consequential loss;
- Third-party claims.
Exceptions apply only if demonstrably unreasonable.
ARTICLE 9 – FORCE MAJEURE (NON-ATTRIBUTABLE FAILURE)
- Force Majeure on the Part of Duran Interiors
If Duran Interiors is temporarily or permanently unable to deliver due to circumstances beyond its control (such as war, government measures, strikes, transportation problems, or other force majeure situations), it is not obliged to meet the agreed delivery deadline.
In such cases, Duran Interiors is entitled to postpone or cancel the agreement in whole or in part, without the need for court intervention and without owing any compensation.
Of course, we will inform the customer immediately if a force majeure situation arises.
- Force Majeure on the Part of the Customer
If the customer is unable to fulfill their obligations due to force majeure (such as illness, natural disasters, or other unforeseen circumstances), the same rules apply: they cannot be forced to comply under those conditions.
In such cases, the customer must notify Duran Interiors as soon as possible.
- Termination in the Event of Ongoing Force Majeure
If the force majeure situation is so serious or prolonged that it would be unreasonable to expect either party to continue the agreement, the other party may terminate the agreement without penalty or further obligations.
ARTICLE 10 – PAYMENT
- Mandatory Direct Debit
At the start of the cooperation, the customer must authorize Duran Interiors for continuous direct debit of all payments. Invoices are collected automatically and must be paid within two weeks of the invoice date, unless otherwise agreed in writing. If delivery takes place after the invoice date, the delivery date is considered the invoice date.
- Credit Notes
Credits (credit notes) will be settled with the next invoice, no later than within one month.
- Interest on Late Payment
In case of late payment, Duran Interiors charges 1% interest per month (or part thereof) on the outstanding amount, with a maximum of 10% per year.
- Default and Reminder
If the payment term has expired or if the customer fails to meet another obligation, the customer is automatically in default. In that case, Duran Interiors will send one written reminder before taking further action.
- Serious Payment Issues
In situations such as bankruptcy, suspension of payments, liquidation, or structural non-payment, Duran Interiors has the right to:
- Terminate the agreement (in whole or in part) with immediate effect;
- Reclaim delivered but unpaid goods;
- Claim compensation for damages.
All outstanding amounts will become immediately due in such cases.
- Collection Costs
In the event of non-payment, the customer must reimburse all extrajudicial collection costs, including legal fees incurred before any legal proceedings. These costs are capped at 15% of the outstanding amount, with a minimum of €12.
- Other Costs Due to Non-Payment
Additional costs such as postage for reminders and administrative fees from debt collection agencies are also payable by the customer.
- Retention of Title
Duran Interiors retains full ownership of all delivered products until the full invoice amount has been paid. Until the payment obligation has been fulfilled, the customer may not resell, pledge, or use the goods as security for third parties.