GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS - Lush Living Design BV
These are our general terms and conditions. They, along with the references they contain, apply to every offer, quotation, and agreement made by us, Lush Living Design BV (with Chamber of Commerce number: 81966881), with you.

If you have any questions, please feel free to contact us at info@lush-living.nl. You can also reach us by phone at 0031(0)20 2619222. We reserve the right to amend these general terms and conditions. You agree that the latest version of these general terms and conditions will always apply to our agreement. 

ARTICLE 1 - PRODUCTS

  1. We sell furniture (such as cushions, tables, chairs, sofas) through our webshop at www.lush-living.nl, by phone, and in our physical stores.
  2. All images, specifications, and other data about the products are indicative. Lush Living Design BV cannot guarantee that the displayed colors exactly match the actual colors of the products.
  3. Some products are custom-made and may therefore vary. We are not responsible for any inaccuracies on our website regarding designs, photos, and other information about a product.
  4. All offers and quotations from Lush Living Design BV are non-binding. An offer consists of a description of a product and services.

ARTICLE 2 - ORDERS

  1. When placing an order through the webshop, you must fill in your details (name and address). You also provide your details when making a purchase in our showroom. You are responsible for the accuracy of this information.
  2. After placing an order, Lush Living Design sends a confirmation by email.
  3. You can change the ordered product within 24 hours after receiving the order confirmation.
  4. Lush Living Design may refuse a request to change a product if this could have consequences for the work in terms of quality or quantity. 

ARTICLE 3 - PAYMENTS

  1. The (total) price including VAT of the products is stated in our webshop and physical showroom. Once products are ordered, their prices will not be increased.
  2. When placing an order, you must pay a deposit of €50% including VAT for the entire order. Orders from stock must be paid in full in advance. If you place an order by phone or email, you can transfer the deposit by bank transfer. If you place an order in our showroom, you can pay the deposit by card or bank transfer. The remaining amount can be paid in advance by bank transfer or by card upon delivery or collection of the products. If you place an order outside the Netherlands or Belgium, you must pay the full amount in advance before delivery.
  3. If you are acting in a professional or business capacity and placing a business order within the Netherlands or Belgium, you must pay 50% in advance. The remaining amount will be transferred by bank transfer after delivery. If you place an order outside the Netherlands or Belgium, you must pay the full amount in advance before delivery. 

ARTICLE 4 - DELIVERIES

  1. You can either pick up the product in Zwanenburg or have it delivered. Delivery costs depend on our suppliers and may vary over time. Transport and any assembly to a higher floor are possible upon consultation with the transporter, and entirely at the customer's risk and expense.
  2. Ordered products are not assembled upon delivery.
  3. If you have a product delivered outside the Netherlands and Belgium, the products will only be delivered and not assembled.
  4. We deliver your product to the address you provided when ordering. You cannot change the address once we have dispatched the package.
  5. Our products are often heavy, so they are transported and brought indoors by two persons if necessary. When a product is heavy, it may happen that, due to circumstances at the delivery location, the carriers cannot reasonably bring the product indoors. These circumstances should be optimized as much as possible by you, the customer.
  6. Ensure that all possible obstacles that may hinder the transportation of your goods are removed (cabinets, paintings, lamps, etc.). Also, cover vulnerable floors, walls, and passages and/or inform our driver about the vulnerability.
  7. Lush Living Design is not liable for transport damage from the first door/entrance onwards. However, we are happy to assist you in placing the product indoors.
  8. You must be present during delivery, otherwise, we will charge cancellation fees.
  9. If a product cannot be brought indoors and other means of transport (crane or moving lift) need to be used, this is entirely at your expense and risk.
  10. 10. Lush Living Design and its transport partners have the right to cancel a delivery if the driver indicates that the delivery situation is unsafe. Transport costs and any additional costs are at your expense.
  11. 11. Delivery may take place outside the given time indication due to traffic conditions or other unexpected developments.
  12. 12. If you are not satisfied with the way the products have been transported, you can contact Lush Living Design BV.
  13. 13. The delivery times in the order confirmation are indicative. We do our best to deliver the order promptly. If the order is delayed, we will inform you in writing. We guarantee that you will receive the order no later than 150 days after confirmation of the order. If this is not possible for any reason, you can request us to (a) refund the amount you paid for the product immediately, or (b) send a replacement product (of equal value).
  14. 14. Transport to a higher floor and any assembly of furniture are possible upon consultation with the transporter, and entirely at the customer's risk and expense.
  15. 15. If furniture cannot be brought indoors and other means of transport (such as a crane or moving lift) need to be used, this is entirely at the customer's expense and risk.

ARTICLE 5 - CHANGE OF DELIVERY DATE
You can change the planned delivery date of the order by contacting info@lush-living.nl. If you wish to change the date within 24 hours before the planned delivery date, you must pay cancellation costs amounting to €45 (including VAT).

ARTICLE 6 - RETURNS

  1. If you have ordered a stock item through the webshop as a consumer, you may return the product within 14 days after receiving it. You can do this by sending an email to info@lush-living.nl. Once you receive confirmation from us, you must send back the product within 14 days. Upon receiving the product, we will refund the full purchase amount within 14 days. The costs for the return shipment are at your expense. During the period in which you have to decide whether you want to keep the product, you must handle the product and packaging carefully. You may only unpack and use the product to the extent necessary to determine whether you want to keep it. Therefore, you must always return the product in its original undamaged packaging. This does not apply to custom-made products as described in section
  2. Products that are custom-made according to your specifications (such as desired size and color) cannot be returned. This includes, in any case, the following products: dining tables, dining table benches, cushions for dining table benches, sofas, dining chairs, armchairs, and wall cabinets. 

ARTICLE 7 - GUARANTEES

  1. Lush Living Design guarantees that the products meet the usual requirements and standards that can be set at the time of delivery. Complaints about material or manufacturing defects will of course be addressed.
  2. You have a warranty of 6 months on products provided that all usage and maintenance instructions have been followed and executed.
  3. The warranty does not apply if the product is used incorrectly or if a defect arises due to circumstances beyond Lush Living Design's control.
  4. A lacquered or oiled tabletop may wear out through normal use, which is not a reason for complaint.
  5. Excluded from the warranty are scratches/circles/streaks/stains in the lacquer or fabrics or cracks or fractures in the panel itself.
  6. Even with normal use, scratches and fractures in the finish of our furniture may occur.
  7. These damages to edges and surfaces are not covered by the warranty because they are inherent to the items and their finish.

ARTICLE 8 - RETENTION OF OWNERSHIP
Ownership of the products only passes to you after the full amount has been paid.

ARTICLE 9 - LIABILITY

  1. We are not liable for incorrect product information on the website or for damage caused by the use of a product. This does not apply if the damage is caused by our intent, gross negligence, or conscious recklessness. Your right to compensation will in any case be limited to the amount of the ordered and paid product.
  2. When using the product outside the Netherlands, you must verify whether the products are suitable for use in the respective country and whether the products comply with the conditions and (legal) requirements imposed on them. 

ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights (such as copyrights, trademarks, and wordmarks) in our texts, photos, images, and other materials are our property (or are under our management with the permission of the rights holder). Your use must not infringe upon these rights. 

ARTICLE 11 - FORCE MAJEURE

  1. Lush Living Design BV is not obliged to fulfill its obligations in the event of force majeure. Lush Living Design BV may suspend the obligations under the agreement during the period of force majeure.
  2. If this period lasts longer than 3 months, both parties may terminate the contract without being obliged to pay compensation. 

ARTICLE 12 - COMPLAINTS PROCEDURE

  1. If you have a complaint about the execution of the agreement, we would like to hear from you. Please send your complaint as soon as possible (and as fully described as possible) to info@lush-living.nl. We will handle your complaint as soon as possible, no later than five days after receiving it. If it takes longer to process the complaint, you will receive confirmation of your complaint within five days, and we will inform you when we expect to provide a substantive response. If we cannot resolve the complaint amicably, a dispute arises that falls under the dispute resolution procedure.
  2. If it is established that a matter is defective and this has been reported in time, Lush Living Design BV will replace, repair, or compensate for the defective matter within a reasonable period after receiving written notice of the defect from you. If you report a complaint later than 2 months after delivery, you will no longer be entitled to repair, replacement, or compensation.

ARTICLE 13 - DISPUTE RESOLUTION
Dutch law applies to these general terms and conditions and the agreements we conclude with you, excluding the Vienna Sales Convention. In the event of a dispute, the court in Amsterdam has jurisdiction.