Article 1.   GENERAL TERMS AND CONDITIONS

1.1   Upon entry of an establishment of Building Depot Suriname, hereafter to be called BDS, a visitor is informed of the use of general terms and conditions through a sign.

1.2   The general terms and conditions of BDS are available for inspection at every establishment of BDS, can be requested on site, can be sent to the customer free of charge upon request and can be reviewed on our website www.buildingdepotsr.com

1.3   These general terms and conditions apply to every offer of BDS and to every distance agreement entered into.

1.4 At all times, the latest version of the general terms and conditions as applicable at the time of the purchase agreement entered into, shall apply.

1.5   In the event a stipulation of the general terms and conditions isor becomes (in part) void, the other stipulations will remain fully in effect. BDS and the customer shall consult with each other to agree to a new stipulation to replace the original stipulation, taking into consideration the purpose and context of the voided stipulation as much as possible.

Article 2.   DEFINITIONS AND APPLICABILITY

In these general terms and conditions the following terms shall be defined as follows:

1.  Building Depot Suriname(hereinafter calledBDS):

All legal entities, effectively located and with their registered offices in Suriname that are part of BDS.

1.  Customer:

Every natural person or legal entity BDS enters into an agreement with, or negotiates with about entering into an agreement.

1.  Agreement:

Every agreement entered into by BDS and the customer and every change in or addition to such an agreement.

1.  Purchase Agreement:

An agreement under which BDS commits to providing a good and the customer commits to paying a price for that good. ‘Providing’ by BDS regards the delivery of the good and transfer of the ownership.

1.  General Terms and Conditions:

The general terms and conditions ofBDS.

1.  Receipt

The original receipt ofBDS.

In specific cases, the receipt can be equated to a bank statement that provides information as to where, when and at what price a certain product has been purchased. Other methods allowed by law to establish where, when and at what price a certain product has been purchased is naturally allowed as well.

1.  Non-conformity

A product can be non-conform (defective) when the product does not or no longer has the characteristics that were to be expected by the buyer based on the purchase agreement. After the legal and manufacturer’s warranty period has come to an end, the burden of proof lies with the buyer to proof non-conformity and the buyer also needs to proof that the product was used in a regular way. Regular wear and tear and external calamities will never lead to non-conformity.

1.  Liability period

The liability period is the lifetime of the product. After the liability period, the product can still be used.

1. Force majeure

In addition to its definition in law and jurisprudence, force majeure shall include all external causes foreseen or unforeseen which BDS cannot influence, as a result of which fulfillment of the obligations by BDS cannot reasonably be expected.

Article3.   PRICES

3.1   The sales price is generally denominated in Surinamese Dollars, including turnover tax, but exclusive of possible send, delivery and installation costs, unless otherwise agreed.

3.2   The sales prices are stated on the price tags attached to the products at the establishments of BDS, or on or above the shelf where the products in question have been placed or on all social media fora of BDS.

3.3 Products that are not priced individually are deemed to be displayed at the price tags of the product in question.

3.4   Clients cannot claim fulfillment with regard to prices with a typographical error when it is evident to everyone that this price is a mistake. The valid purchase prices are those of the BDS sales system.

3.5   Upon request, the customer can use the delivery service of BDS. Possible delivery costs are not included in the sales price and will be charged to the customer. A more detailed arrangement with regard to the delivery service is provided in Article 9.

Article4.   QUOTATION

4.1   All quotations provided by BDS are valid for a term of no more than 5 days after the date of the quotation, unless otherwise stated.

Article5.   RESERVATIONS

5.1   A prepayment of at least 25% of the purchase price of the product(s) needs to be paid upon reservation. This prepayment will not be returned to the customer in cash.

5.2   In case of a reservation, the cashier needs to enter the contact information of the customer into the system.

Last name, first name, e-mail, residential address, telephone number of the landline, telephone number of the mobile phone.

5.3   The remaining amount of the purchase price of the product(s) shall be paid within a period of 30 days.

5.4 The customer will be notified through email or a letter by the financial department on the 28^th day after placing the reservation, of the requirement to fulfill his/her obligation to pay.

5.5 In the event the remaining amount is not paid after a period of 30 days by the customer, the reserved goods shall automatically be released for sales purposes.

5.6 After the above mentioned notice, BDS will keep the product that has been paid in full available for the customer for a period of 60 days.

5.7   In the event of a cancellation, the customer shall NOT be returned the amount already paid.

5.8   In the event of a cancellation of a reservation, BDS is entitled to withhold / charge 20% of the amount already paid, up to a maximum of SRD 1,000.00, to cover the costs incurred by BDS.

5.9   In the event of a cancellation, the customer will receive a voucher from BDS instead of the money (the amount already paid minus 20% up to a maximum of SRD 1,000.00 for costs incurred by BDS).

5.10 At a monthly fee that equals 3% of the purchase price of the product(s), BDS can store the goods of the customer in its warehouse for a period of no longer than 6 months, unless otherwise agreed upon.

Article6.   RIGHT OF OWNERSHIP

 6.1   BDSwill remain the owner of the product sold as long as the customer has not fully met his/her payment obligations towards BDS as stipulated in Article 6.

Article7.   PAYMENT

7.1   The client is obligated to immediately inform BDS of inaccuracies in provided or stated payment information.

7.2   In the event of cash sales the customer shall pay the purchase price in full at the time of the delivery, under the understanding that the products that are delivered from the warehouse of the establishment shall be paid in advance at the cash register, before the products in question can be collected at the department ‘Goods Dispatch’.

7.3   In the event of delivery of goods, payment of the product may be made immediately after the conclusion of the agreement and the payment should be conducted no later than upon delivery in all cases.

7.4 Payment needs to be made in cash, through a debit card payment or bank transfer, unless otherwise agreed upon in writing.

7.5   Gift cards cannot be exchanged for cash.

7.6   In the event of non-payment of a customer, BDS is entitled to charge the customer for reasonable costs incurred that the customer has been informed about in advance, subject to legal restrictions.

Article8.   DELIVERY, INSTALLATION, CONNECTION, INSPECTIONS, DAMAGE UPON DELIVERY, REMOVING OLD PRODUCTS

8.1   Upon delivery and installation of goods purchased at BDS, the employees of BDS shall wear their safety shoes at all times. This is because of safety reasons and to comply with the conditions of the SOR (employee accident) insurance.

8.2 If required, the customer can use the delivery service of BDS. Delivery costs can be charged by BDS to the customer for deliveries. The amount of these possible delivery costs depend upon, among other things, the distance between the establishment of BDS where the products was purchased and the delivery address. Our sales employee shall inform the customer about the exact amount of the delivery costs when preparing the purchase agreement/invoice.

8.3   Upon receipt of the invoice, the customer shall check the information on the invoice (last name, first name, email, telephone number of land line, telephone number of mobile phone).In the event the information is incorrect, the customer shall immediately contact the Customer Services department of BDS.

8.4   If the customer wants to use the delivery service of BDS, arrangements will be made with regard to when the products will be delivered to the customer.

8.5   On the day of the delivery, the customer can contact the Logistics department by telephone to obtain an indication of the time of the delivery. There will be no deliveries on Sundays and public holidays, unless otherwise stated. Articles that have been ordered through the website can only be delivered on working days. This applies to all deliveries.

8.6   In the event the customer is absent on the date and time agreed to for the delivery and the customer would still like to have his products delivered, delivery costs will be charged to the customer again.

8.7 The customer is requested, prior to the delivery, to free the entrance or passage of his/her residence from obstacles (on the way of the final destination of the product) to avoid damages.

8.8 In the event it is not possible to deliver a product in the residence of the customer, the packaging can be removed after consultation with the customer.

8.9 Small products will not be unpacked by the delivery service of BDS. Packaging material will be disposed of by BDS upon a request thereto from the customer.

8.10 BDS advises the customer to check the products upon delivery on correctness, completeness and possible external damages. This way, in case of an incomplete of incorrect delivery and/or in case of damages of the delivered products BDS can swiftly see to an addition to or replacement of the delivery.

8.11 The customer shall provide all necessary cooperation for the investigation of a damage claim by, among other things, providing BDS the opportunity to investigate the circumstances of the use and/or installation of the products.

Article9.   INSPECTION DAMAGE CLAIM WITH REGARD TO PRODUCTS THAT WERE COLLECTED BY THE CUSTOMER

9.1   In the event the customer claims damages with regard to products the customer collected himself/herself, the customer will provide his/her full cooperation necessary to investigate the damage claim by, among other things, providing BDS the opportunity to investigate the circumstances of the use and/or installation of the products.

Article 10   PROTECTION PERSONAL AND/OR COMPANY INFORMATION

10.1  BDS shall handle the personal information provided by the customer carefully, taking into consideration its Privacy Statement and the applicable legal provisions for the protection of personal information. The customer has the right to object to the use of his/her personal data to conduct market research. The customer has the right to invoke this approval at any time. If the customer wants to use this right, the customer is requested to notify BDS of this per telephone or e-mail.

10.2   By accepting this agreement, the customergives BDS approval to register and use his/her information for the improvement of the service provision and the targeted offering of new products and/or services. These offers consist of, among other things, information about products that you have purchased. We will contact you about products of which we expect that these will appeal to you based on your previous purchases or purchases of similar products by other customers.

Article 11.   INDEMNIFICATION AND LIABILITY

11.1   Indirect damage, consequential damage, business damage, damage due to delays, immaterial damage, personal injury, and damages due to loss of data are excluded from compensation, insofar not in conflict with provisions of mandatory law.

11.2   BDS is never liable for damages that exceed the amount of the purchase price of the product, excluding sales tax that has caused the damages.

11.3   The right to compensation will lapse, if the damages have not been reported within24 hours after the discovery.

11.4   BDS is not liable for damages following the transport of products by the customer himself/herself.

11.5   BDS is not liable for damages following use that does not qualify as normal use and considers this damages resulting from external calamities.

11.6   In case of damage claims the customer is obligated to enable BDS to conduct an investigation and if necessary, use external experts. The customer is obligated to make all necessary efforts to limit the damages as much as possible.

Article 12.   COMPLAINTS

12.1   Any complaints should preferably be communicated to the Customer Care department.

12.2   In case of visible defaults, the complaint should be submitted within 24 hours. In all other cases the complaint needs to be submitted within a reasonable period of time after the customer has discovered the default or should have reasonably discovered the default.

Article 13.   DISPUTES AND APPLICABLE LAW

13.1   Surinamese law applies exclusively to agreements entered into by BDS and the customer these general terms and conditions relate to. This also applies when the customer resides abroad.