The rules of the road

Article 1 — General

1.1 All offers, quotations, (web) orders and agreements, as well as their execution, are governed solely by these terms and conditions. Any deviation must be agreed upon in writing.

1.2 In these terms and conditions, the “Customer” refers to any legal entity or individual entering or wishing to enter into an agreement with Turkuaz Peak, including their representatives, agents and successors.

1.3 The Customer’s terms and conditions will only apply if they do not conflict with these terms. In case of a conflict, Turkuaz Peak’s terms and conditions shall always prevail, even if otherwise agreed.

1.4 By placing an order and/or receiving goods, the Customer accepts these conditions and is deemed to have accepted them for all future transactions, irrespective of any prior written confirmation.

Article 2 — Offers

2.1 All offers made by Turkuaz Peak are without obligation unless stated otherwise in writing.

2.2 Price lists, brochures and data provided are as accurate as possible but are only binding when explicitly confirmed in writing. Detailed data shall be provided only if agreed in writing.

2.3 Sending offers, brochures or price lists does not obligate Turkuaz Peak to accept the order or any stated conditions. Any changes must be expressly agreed upon in writing.

2.4 Turkuaz Peak reserves the right to refuse orders without stating a reason, or to require prepayment.

2.5 Turkuaz Peak may cancel or annul an order, in whole or in part, including after it has been accepted, in the event of pricing or stock errors, suspected fraud, or where delivery would fall outside the territory set out in Article 5.7. Any amount already paid for a cancelled order will be refunded, and any goods already dispatched may be recalled.

Article 3 — Agreements

3.1 An agreement with Turkuaz Peak is only valid once confirmed in writing, either by order confirmation or invoice. The order confirmation is considered a complete and accurate representation of the agreement.

3.2 Changes or additional agreements are binding only when confirmed in writing by Turkuaz Peak.

3.3 For work for which no written order confirmation is provided due to the nature of the work, the invoice will serve as the order confirmation.

3.4 Turkuaz Peak may require proof of creditworthiness from the Customer prior to or during the execution of the agreement.

3.5 Turkuaz Peak reserves the right to demand security for payment or other obligations before proceeding with delivery or execution.

Article 4 — Prices

4.1 All prices are non-binding unless otherwise agreed in writing.

4.2 Prices are based on prevailing costs of materials, wages, taxes and other factors at the time of quotation or order. Prices are exclusive of VAT, duties, transport and insurance unless stated otherwise.

4.3 Turkuaz Peak reserves the right to adjust prices in case of an increase in cost factors, with respect to statutory regulations. Known price changes must be mentioned in the order confirmation.

4.4 All prices shown are exclusive of VAT. For orders delivered within the Netherlands, Dutch VAT (currently 21%) is added at checkout. For business orders to other EU member states, VAT is reverse-charged where a valid VAT identification number is provided. A valid VAT identification number is required for all orders delivered outside the Netherlands.

Article 5 — Delivery

5.1 Delivery conditions: Deliveries are made to the delivery address provided by the Customer. If the Customer is not present at the delivery location, the goods will be returned to Turkuaz Peak, and additional delivery costs may be charged.

5.2 Delivery period: Turkuaz Peak will make every effort to deliver within the agreed period. These periods are estimates and do not guarantee precise delivery times. Turkuaz Peak is not liable for any damages resulting from delayed delivery.

5.3 Partial deliveries: Turkuaz Peak reserves the right to deliver orders in partial shipments. Each partial shipment may be invoiced separately, and the Customer is obligated to pay in accordance with the agreed payment terms.

5.4 Transfer of risk: The risk of loss or damage passes to the Customer at the moment the goods are delivered to the specified address. If the Customer fails to take delivery, the risk passes at the time delivery was attempted.

5.5 Inspection upon delivery: The Customer is responsible for inspecting the goods upon delivery. Any visible damage or discrepancies must be reported within 48 hours of delivery. Failure to do so will result in the goods being deemed accepted.

5.6 Failed delivery attempts: If a delivery fails due to incorrect or incomplete address details provided by the Customer, any additional delivery costs will be charged to the Customer.

5.7 Delivery territory: Turkuaz Peak delivers within the European Union only. We do not ship to non-EU countries, nor to overseas and special territories outside the EU customs and VAT area — including, for example, the Canary Islands, Ceuta and Melilla, the Caribbean Netherlands (Bonaire, Sint Eustatius and Saba), and the French overseas departments and territories. Orders placed for delivery to such locations may be cancelled and refunded in accordance with Article 2.5.

Article 6 — Transport and Risk

6.1 If no specific instructions are given, Turkuaz Peak will arrange transportation. Special requests regarding transport will be fulfilled at the Customer’s expense.

Article 7 — Force Majeure

7.1 Force majeure includes any circumstance beyond the control of either party, making fulfilment of the agreement unreasonably difficult or impossible, such as strikes, illness, transport difficulties or operational disruptions.

7.2 If force majeure is temporary, Turkuaz Peak may suspend the agreement until the situation resolves.

7.3 If force majeure is permanent, both parties may discuss termination and its consequences.

Article 8 — Liability

8.1 Turkuaz Peak is not liable for any damages resulting from the use or unsuitability of delivered goods.

8.2 By accepting delivery, the Customer indemnifies Turkuaz Peak against any claims for damages, regardless of the cause.

8.3 Liability is limited to the value of the relevant transaction. Turkuaz Peak is not liable for indirect damages, including lost profits or business interruption.

Article 9 — Complaints and Returns

9.1 Any complaints must be submitted in writing within 8 days of delivery. Complaints regarding invoices must be submitted within 8 days of the invoice date.

9.2 Complaints do not release the Customer from their payment obligations.

9.3 After approval of a return by our administration, the goods must be returned to our warehouse at the Customer’s own expense. After receipt, inspection and approval, the goods will be credited within 14 days.

Article 10 — Retention of Title

10.1 All goods remain the property of Turkuaz Peak until full payment of all outstanding amounts.

10.2 Goods may be resold by the Customer during the course of regular business but may not be pledged as security for third-party claims.

Article 11 — Payment

11.1 Unless otherwise agreed, payment is required before delivery.

11.2 If payment is not made on time, interest of 1.5% per month is charged on the outstanding amount from the invoice date. Extrajudicial collection costs amounting to 15% of the amount owed will be charged.

Article 12 — Governing Law

12.1 All agreements are governed by Dutch law.

Article 13 — Disputes

13.1 Disputes arising from the agreement or its interpretation shall be settled by the competent court in the region where Turkuaz Peak is established.