Terms of service
Article 1 – General information and applicability general terms and conditions
1. BASTA HQ B.V., hereinafter to be referred to as “BASTA”, which is (also) a trade name of the company, registered with the Chamber of Commerce of The Netherlands with number 88219453.
2. BASTA sells furniture and accessories, as further described and specified in the (online) offer of BASTA (“products”) to buyers (“client”). A client that is a legal entity and/or a person who does not purchase in private, but in relation to its business activities (like entrepreneurs, companies, trade, craft or other professional activities) and/or a client that wishes to buy and/or ship a product outside the European Union, will also be referred to as “non-consumer”.
3. These terms and conditions apply to all offers, deliveries and/or services of BASTA and/or all BASTA agreements, including distance and off-premises contracts concluded over the internet ("online") and a client.
4. Different provisions of these terms and conditions are only valid if they have been agreed on in advance and in writing by BASTA. Prior to the conclusion of the final agreement, and/or entering into the final contract, the other party/client must be aware of these conditions set out by BASTA and he/she accepts these conditions.
5. BASTA does not accept terms and conditions of any other party/client, unless expressly agreed on in writing. In case the other party refers to its own terms and conditions and states them as applicable, the parties must agree, by accepting these conditions of BASTA, that BASTA is not bound by the conditions of the other party.
6. BASTA has the right to change these general conditions. Changes will be made known through the website www.basta.co ("website") and directly to the other party where necessary and possible. The amendments shall take effect on the date of publication or on such date as specified in the notice.
Article 2 – Offers, information and concluding the agreement
1. All offers, tenders and quotations of BASTA are without obligation and will remain valid for 14 days.
2. The agreement with BASTA is established after both parties have given their agreement either by writing or electronically.
3. BASTA is entitled to refuse orders and/or not deliver the requested product, in which case BASTA will immediately inform the client about this and no agreement will be concluded between the parties. BASTA aims to avoid long distance shipping - the countries to which products are transported to are listed on the website.
4. Optionally, appointments, promises and/or changes in the (offered) agreement made after confirmation of the assignment, are only binding if agreed on in writing between the parties.
5. All prices, brochures and information provided in the offer or website are compiled as carefully as possible. Should any mistakes in the provided data come to light afterwards, BASTA is entitled to correct these mistakes without any liabilities. The use of that information by the other party/client, other than in the context of the agreement, is permitted only with prior written permission of BASTA.
6. All brochures/price lists submitted with the offer or website and all issued and shown material and images and/or other data, remain the exclusive property of BASTA. Using the above data, other than in the context of the agreement, by the other party is only permitted with the prior written consent of BASTA.
Article 3 – Prices, payment and Costs
1. The quoted prices are valid at time of offer (or displayed on the website), given in euros including VAT and excluding packing-, shipping-, import/export and other legal fees and/or taxes due in the country of import. BASTA is entitled to correct (interim and at any time) legal adjustments of taxes or other fees directly on the (agreed or offered) price. If a client is located outside the EU, he accepts the risk of extra fees and taxes.
2. If the delivery of a product lasts longer than 6 months after the date of the agreement, BASTA has the right to adjust the price to increases imposed by suppliers of BASTA; in that case the client, not being a non-consumer, has the right to cancel the agreement without any costs.
3. All orders are made on the basis of full prepayment, unless otherwise stipulated in the agreement. If local legislation imposes restrictions on prepayments, an explicit agreement to pay in advance in the ordering process also does not offer any relief, the legal maximums in the legislation applicable to the agreement apply. If any prepayment applies, the client may not assert any right regarding the execution of the order in question before making the agreed advance payment.
4. The client has the duty to inform BASTA promptly of possible inaccuracies in the payment details that were given or specified.
5. In case the client has not complied with his payment obligation(s) in time and BASTA has pointed out to him (but only if the client is not a non-consumer) that the payment was late and allowed the client a period of 14 days to comply with the payment obligations, the client is to pay the statutory interest on the amount payable and BASTA is entitled to charge the client with any extrajudicial collection costs consisting of 10% of the outstanding amounts.
Article 4. Delivery and transportation
1. BASTA shall always use reasonable efforts to deliver the products within the delivery term. However, unless expressly agreed otherwise in writing, delivery dates communicated or acknowledged by BASTA are approximate dates. BASTA shall not be liable or be in breach of its obligations, when delivery is made sooner or later than the communicated date. If the communicated delivery date is exceeded, the client is still obliged to accept delivery of the products unless the client has put BASTA in default, allowing BASTA a reasonable term to execute the agreement and such term has also expired.
2. BASTA may postpone any delivery in the case of production problems affecting the quantity or the quality of the products. If such postponement lasts longer than 120 calendar days, the client may cancel its order. BASTA is not liable for any losses such as lost profits and others.
3. Delivery to the client shall take place in the manner indicated by BASTA during the purchase process and at the address indicated by the client during the conclusion of the agreement. BASTA is entitled to partial delivery of the ordered products.
4. Responsibility for the delivered products passes to the client at the moment of delivery or handing over the products to the client or the carrier arranged by client.
5. If the client refuses a delivery or collect the products too late, BASTA may charge the resulting costs like freight, extra storage and handling, insurance to the client. With respect to (re)delivery of such products, BASTA may demand prior payment of all aforementioned costs. In addition, in the event of refusal, BASTA is entitled to terminate the contract, without prejudice to its right to claim full compensation.
6. If, on delivery, damage to the goods delivered is found to have occurred, the client shall inform BASTA. Client must report any visible damage to BASTA within two working days at the latest. If BASTA has not received notification of any other (non-visible) damage within fourteen days of delivery, it will be assumed that the products have been delivered undamaged.
Article 5 - Right of withdrawal / cooling-off period
1. A client, not being a non-consumer, is allowed to cancel the agreement for the online purchase of products during a period of 30 days after receipt of the products, without indication of a reason ('right of withdrawal'). Cancellation is done with a timely notification by submitting a completed return form. The returning of a products must take place within 14 days after this notification.
2. The right of withdrawal does not apply to products adapted or manufactured according to the client's wishes, such as (but not limited to) made-to-measure goods, the choice of upholstery that is not available as standard and others.
3. If client exercise the right of withdrawal, only the returning costs are at client´s expense.
4. Client may unpack the products during the cooling-off period to see if he likes the product. Take note that – if client wants to return the product - the product should remain clean, unused, in its original state/undamaged and the packaging must be in good condition. Client is liable for any depreciation of the product that is the result of a way of handling the product that goes beyond that which is allowed in this paragraph.
5. BASTA will send client clear instructions and/or will inform him on how the return should take place. The product must be returned with everything that was delivered with it, in the original box and other packaging, and of course in clean and undamaged condition, within the timeframe indicated in paragraph 1 of this article.
6. BASTA uses the same payment method that client has used for your payment, for the repayment. BASTA will return the costs as soon as possible, within not more than 14 days after the withdrawal. However, under the condition that the product has been received by BASTA or conclusive evidence of a complete return can be provided.
Article 6 - Force majeure
1. In the event of force majeure, all the obligations of either party are suspended until the situation of force majeure has ended. If the situation of force majeure should last longer than thirteen full weeks, then either party is entitled to terminate the agreement without any liability to compensate the other party.
2. ‘Force majeure’ includes, in addition to the definition under Dutch law, import and export bans or controls by, or due to, any government or authority, the failure of suppliers or service providers of BASTA to deliver on time or at all, suspension of work by or a high amount of sick leave amongst the employees of BASTA or its suppliers.
3. BASTA is also entitled to rely on force majeure if the situation of force majeure begins after BASTA should have fulfilled its obligations. Insofar as at the time the situation of force majeure commences BASTA has partly fulfilled its obligations under the agreement or is still able to do so, then BASTA is entitled to invoice for all the parts of the agreement it has complied with or will comply with. In such case the client is obliged to pay the invoice as if it were a separate agreement.
Article 7 – Complaints
1. Complaints relating to the products should be made known to BASTA within a 14 days period after reception of the products. In the event that the defect could not reasonably be discovered within this period, client must so notify BASTA in writing from the time the defect is reasonably supposed to have been known, but at least within 2 months after discovery of those defects. Any complains must be made to BASTA within 6 months after the delivery of the product, along with a detailed description of the problem. Without this information or after this period every right to do so will be expired.
2. Complaints do not suspend the payment obligation of client. Client shall in no event on the basis of a complain be entitled to make, to refuse or suspend payment of other services from BASTA or refuse payment.
3. When a complaint is justified, BASTA has the choice between repair or resupplying of that part of the product which was rejected, adjusted in proportion to the calculated invoice amount, or not (no longer) executing all or part of the agreement, provided that it is in relative to the complaint.
Article 8 – Warranty
1. BASTA guarantees that the products will on delivery meet the specifications listed in the offer, with the reasonable requirements of usability and/or reliability and with the existing statutory provisions on the day the contract was concluded. We do not warrant that the quality of any products, colour, services, information or other material purchased or obtained by the client will meet your expectations.
2. BASTA warrants each product to be free from defects in workmanship and materials when used under normal conditions and maintained properly. Our warranty applies for normal domestic use only. In addition, these limitations and exclusions apply to the warranty.
3. On the products delivered to the client by BASTA the client is given 2 year warranty from the date of delivery to the client, excluding damage due to normal use and/or improper or incorrect use or (lack of prescribed) maintenance.
Article 9 – Liability
1. Before a client appeals to the liability in this article, BASTA will be given the opportunity, in advance and in writing, to establish the complaint and in that light take measures for repair (if necessary).
2. BASTA’s obligation to pay damages, irrespective of the legal basis, is limited to damage for which BASTA is insured under an insurance policy taken out by it or on its behalf, but will never exceed the amount paid out under this insurance in the relevant case.
3. If, for any reason whatsoever, BASTA cannot invoke the limitations in paragraph 2 of this article, the obligation to pay damages will be limited to a maximum of the total order amount (excluding VAT). In all cases and situation liability of BASTA is limited up to a maximum of €10.000,- per client.
4. Consequential loss and/or indirect damages, including business interruption loss, production loss, damage to other products, loss of profit, research, repair and/or transport costs and travel and accommodation expenses does not qualify for compensation.
5. BASTA is not liable for any discussion, damage and/or claims of client and/or any third party in connection with resale of the products, both with regard to product liability, quality and/or additional rights, such as intellectual property rights.
6. The provisions of this article do not apply to damage resulting from intent or wilful recklessness on the part of BASTA.
Article 10 – Retention of ownership
1. BASTA retains the ownership of all products delivered by or on its behalf to client until payment thereof, plus any tax, shipping and/or transportation, interest and any extrajudicial collection costs is paid in full.
2. Until the bill from BASTA is paid in full, the other party cannot derive any rights from goods and/or services supplied by BASTA.
Article 11 – Invalidity/annulment of provisions
If any provision of these terms in whole or in part is found to be invalid, are in conflict with any mandatory legal provision, are destroyed or otherwise appears to be invalid, the validity of the remaining provisions of these terms and conditions remain in force. Those provisions that are not legally valid or cannot be applied by law, will be replaced by provisions that as much as possible align with the scope of the provisions to be replaced, to which the parties will consult each other.
Article 12 – In Intellectual property rights and copyrights
BASTA retains the rights and powers it accrues on the basis of the Copyright Act and other intellectual and industrial legislation and regulations relating to all the products it supplies, insofar as these rights do not belong to any third party. The client may not copy products or manufacture imitations thereof, including any other violations of any (copy)right or become directly or indirectly involved in this.
Article 13 – Privacy
BASTA reviews and evaluates the data clients provide and in the event of legitimate interest, exchanges data with other companies and credit rating agencies. Personal data of clients will be processed in accordance with the applicable laws regarding data protection as described in the BASTA privacy statement.
Article 14 – Applicable law and jurisdiction
1. If the client is a non-consumer, the international rules for the interpretation of Trade Terms used in trade contracts as revised in 2020 by the International Chamber of Commerce (Incoterms 2020 - Ex-Works) or their latest version, shall apply hereto unless the terms and provisions used expressly provide the contrary.
2. Without prejudice to mandatory provisions, all offers and agreements are subject to Dutch law and the judge in the district where the client lived in the Netherlands at the time of purchase is competent to hear disputes. In a case of a non-consumer the court where BASTA has its registered office has jurisdiction.
3. If the consumer lives outside the Netherlands, the judge in the district where BASTA is actually located, is authorized to handle disputes and settle them.
BASTA HQ B.V.
Asterweg 17A unit 26
Amsterdam / Netherlands, 01.07.2023