Article 1: Applicability - Definitions
- These general terms and conditions (“Terms”) apply to every offer made by us, all agreements for services, and all sales contracts we conclude with you – whether or not via our webshop.
- If any provision of these Terms is entirely or partially void, invalid or unenforceable, the remaining provisions shall remain in effect.
- In the event of any discrepancy between these Terms and its translation, the Dutch version shall prevail.
- These Terms also apply to follow-up or partial assignments and repeat orders.
- All provisions in these Terms are drafted for both business clients and consumers. We use the term “consumer” when a provision contains a deviation or addition that applies only to consumers. A “consumer” is a natural person acting outside his/her trade or profession (i.e. ordering privately).
- In these Terms, the following definitions apply:
- offer: any proposal from us, whether in writing (including quote) or otherwise;
- in writing: by letter, e‑mail or any oral or written communication of a similar nature such as WhatsApp;
- documents: physical or digital materials provided by either party, including advice, calculations, sketches, designs, drawings, etc.;
- information: documents as defined above or other (oral) data;
- goods: our products in the field of exclusive garden furniture, luxury lounge furniture and related accessories (e.g. parasols, outdoor rugs, lighting, patio heaters), including stock items, customised items, bespoke goods, and materials used or supplied in performance of an assignment;
- assignment: an order for services, or for the supply of customised goods;
- services/work: our maintenance services, cleaning, treatment or repair of your garden furniture;
- consultancy: our services in the area of personal garden advice and/or at‑home garden styling;
- webshop: our webshop on https://nmoss.com.
Article 3: Formation of contract
- A contract is formed once you accept our offer (e.g. by signing the quotation or emailing your acceptance). If acceptance deviates from the offer, no contract is formed unless we expressly agree in writing.
- We are only bound by:
- an assignment or order not preceded by an offer;
- oral agreements;
- additions to or changes to these general terms or the agreement;
after we have confirmed them to you in writing, or once we have commenced performance thereof without receiving any objection from you.
- Webshop orders are binding only after written confirmation (e.g. automated confirmation or subsequent email, including delivery time).
- Please note: we are only bound by what has been expressly agreed with you. This means we are only required to carry out the work and deliveries as described in the offer you accepted, or as may be additionally agreed at a later stage. We therefore recommend that you carefully review our offer. If you have any questions or are unsure whether something is included, please contact us. This will help avoid misunderstandings or disappointment on your part.
Article 4: Distance purchase - Cooling-off period and right of withdrawal
- This article applies to consumers in the case of a distance purchase as defined in Article 6:230g section 1 of the Dutch Civil Code (i.e. purchases made via our webshop).
- As a consumer, you have a statutory cooling-off period of 14 calendar days. You may cancel the agreement during this period without any reason.
- The 14-day period starts on the day you or someone on your behalf (not the carrier):
- receives the goods;
- receives the last item in case of a split delivery;
- receives the final shipment or part of an order delivered in instalments.
- You may cancel by sending us a written statement or by using the cancellation form available on our webshop.
- Cancellation also results in the (automatic) termination of any supplementary agreements by operation of law.
- The right of withdrawal does not apply to:
- specific goods made to your specifications or clearly intended solely for you or another specific individual;
- goods not part of our standard range and purchased specifically for you. This includes, for example, all our cushions, which are made to order;
- goods which, by their nature, become irreversibly mixed with other items after delivery.
- If the goods do not conform to the agreement (e.g. if you received the wrong item), the complaints provision set out in these terms shall apply.
Article 5: Distance purchase - Returns and refunds
- This article also applies only to webshop purchases by consumers.
- Unless we collect the goods ourselves, the following return conditions apply:
- within 14 calendar days of cancellation;
- if possible, in the original packaging;
- unused;
- at your own cost and risk.
- By “unused” as referred to in clause 2c, we mean that you may not use the goods beyond what is necessary to assess their nature, characteristics and functioning. For example, you may carefully open the packaging to check whether you received the correct product, but you may not use the product for several days before returning it. You must also ensure that the product remains in its original condition. For instance, teak items naturally begin to weather when exposed to factors such as temperature changes, sunlight or moisture. Once this weathering process has started, we can no longer sell the item as new. If you wish to exercise your statutory cooling-off right for such products, you must ensure they remain in original condition – for example, by storing them indoors or covering them with a breathable protective cover. If you act in breach of clause 2b or 2c, you are liable for any resulting loss in value.
- We will refund the amounts you have paid to us no later than 14 calendar days after receiving your cancellation notice. Unless otherwise agreed, we will use the same payment method and currency that you used for the original transaction.
- Clause 4 also covers any delivery costs you paid to us, but the cost of returning the goods is at your own expense. This also applies to any additional (delivery) charges you incurred by choosing a different delivery method than the standard option we offered.
- Unless we collect the goods ourselves (or arrange collection), you are only entitled to a refund once:
- we have received the returned goods;
- or if, you have provided proof that you have returned them.
- If the goods:
- have been altered;
- are damaged;
- have been used (see definition in clause 3);
we may refuse the return or refund only part of the amount you paid. If this applies, we will inform you immediately after receiving the goods.
- You are never liable or responsible for any costs simply for exercising your right of withdrawal.
Article 6: Fees - Prices and rates
- Unless we have agreed a fixed fee (e.g. a total price for a garden advice project) or a periodic fee (e.g. for a maintenance contract), our fee is based on the time spent, charged at the hourly rate agreed with you or at our standard rate. In case of any dispute over the hours spent or invoiced, our time records are binding, unless you can provide evidence to the contrary.
- If, during the performance of the assignment, it becomes clear that we underestimated the amount of work involved, we may increase a previously agreed fixed fee – provided the miscalculation was not our fault and the assignment cannot reasonably be completed for the agreed fee.
- For urgent assignments or if we carry out agreed work at your request outside our normal working hours, we may charge a surcharge. Our normal working hours are Monday to Friday (excluding recognised public holidays) from 8:30 a.m. to 5:00 p.m.
- Unless otherwise agreed, the prices and rates listed in our offers, price lists or rate sheets are:
- exclusive of VAT;
- inclusive of transport or shipping costs for deliveries within the Netherlands. This applies to delivery to a ground-floor terrace, provided it is easily accessible to us. Any additional costs for cranes, lifting equipment, lift services or similar (if required) will be charged separately;
- exclusive of transport or shipping costs for deliveries outside the Netherlands. Depending on the distance between our warehouse and the delivery address, we charge a fixed rate or a rate based on quotation;
- exclusive of any call-out charges for our maintenance services.
- On our webshop, we list the applicable VAT amount per product, as well as any additional costs such as shipping or transport charges.
- Price reductions after the agreement has been concluded – for example due to promotional discounts – do not entitle you to a lower price.
- If, after concluding the agreement, we are faced with cost price increases, we may adjust the agreed prices and rates accordingly. Cost price increases may include changes in laws or regulations, government measures, exchange rate fluctuations, increases in material costs or in rates charged by third parties we use.
- If you are a consumer and the price or rate change occurs within three months of the agreement being concluded, you may cancel the agreement within five working days of receiving our notice of the change. Cancellation must be made in writing.
- In the case of a continuing agreement (such as a maintenance contract), we will invoice the agreed fee periodically. We may apply a regular annual price or rate increase and pass this on to you. We will inform you of this in good time before the increase takes effect.
Article 7: Involvement of third parties
- We may subcontract deliveries and work to third parties.
- If we are required to cooperate with third parties engaged by you, you must consult with us to appoint a lead contact and agree on the division of responsibilities.
Article 8: Obligations - Information
- You must ensure that:
- you provide us with all information required for the execution of the agreement in good time;
- we have timely access to or possession of the relevant furniture in the case of maintenance or repair work;
- we are given access to the work location at the agreed date and time, in case the work is to be carried out at your premises;
- the work location is in a suitable condition to allow us to carry out and continue our work without obstruction. This means that you must have completed any preparatory work we agreed with you beforehand – such as removing your old garden furniture;
- someone is present at the location to assist our delivery staff, where necessary, with unloading and/or placing the goods, as our delivery staff generally work alone;
- third parties engaged by you, as well as any other persons present at the work location, must not obstruct or delay the performance of our agreement;
- we are given timely opportunity to deliver, store or remove the goods to be supplied, as well as our tools and other equipment;
- we have free access at the work location to the utility connections we require – including electricity (three-phase where needed), gas and water. Any loss of working time caused by the unavailability of these utilities is at your expense;
- if necessary, we must be able to store or leave our tools, equipment and materials at the work location without risk of damage or theft;
- any other facilities we may reasonably require must be available at the work location free of charge.
- You guarantee that the information you provide to us is accurate and complete, and you indemnify us against any claims from third parties resulting from the inaccuracy or incompleteness of that information.
- We treat all information we receive from or about you in connection with the conclusion and performance of the agreement as confidential. We will only share this information with third parties if necessary for the execution of the agreement.
- We process any personal data falling under the GDPR (General Data Protection Regulation) in accordance with the GDPR and our privacy policy as published on our website. We also report any data breaches in accordance with the GDPR.
- You are liable for any loss, theft or other damage to our tools, equipment and similar items that we store at your premises during the execution of the agreement. This includes damage resulting from defects, faults or other issues at the work location.
- If you fail to meet your obligations – either on time or at all – under the above or elsewhere in the agreement or these terms and conditions, we may suspend performance of the agreement until you have fulfilled your obligations. Any costs or other consequences (including damages) resulting from this are at your expense and risk.
- If you fail to fulfil your obligations and we do not immediately demand compliance, this does not affect our right to require performance from you at a later time.
Article 9: Delivery - Deadlines - Progress and performance of the agreement
- We will make every effort to deliver the agreed performance or goods on time, but any agreed deadlines are not strict deadlines. If we fail to meet our obligations on time, you must first give us notice in writing and allow us a reasonable period to still comply.
- If there is a delay in the start, progress or completion of an assignment, or in the agreed delivery of goods, due to:
- us not receiving all required information from you on time;
- us not having timely access to your furniture or the delivery location;
- us not receiving an agreed (down)payment from you on time;
- any other circumstances that are your responsibility or at your risk;
then we are entitled to a reasonable extension of the agreed deadline and to compensation for any resulting costs or damages, including waiting time. Please note: we will only begin processing your order or assignment once we have received the agreed advance payment. Agreed delivery or completion times therefore only commence once this payment has been received.
- If we accelerate the execution of an assignment at your request, we may charge you for any resulting overtime and additional costs.
- We may perform the agreement in parts and invoice each partial delivery or service separately.
- If we carry out an assignment in phases, we may suspend the execution of any subsequent phase until you have approved the results of the previous one. Any resulting costs or damages are at your expense.
- The risk for goods to be delivered passes to you as soon as the goods leave our premises or once we inform you that they are ready for collection.
- Shipment or transport of the goods is at your expense and risk. We are not liable for any damage related to the shipment or transport.
- Are you a consumer? Then the risk for the goods transfers to you once you – or a third party designated by you – have received them. If you appoint your own carrier, the risk transfers to you when that carrier receives the goods. Shipping or transport is at your expense.
- If we deliver the goods to you ourselves (for example, because we are also placing or assembling them), the risk transfers to you upon receipt of the goods. We may charge you for transport costs.
- If we are unable to deliver the goods as agreed, if you fail to collect them, or if we are unable to carry out or complete the assignment due to a circumstance for which you are responsible, we may store the ordered goods and any materials purchased for the assignment at your expense and risk. We will give you a reasonable period to allow us to proceed with delivery, complete the assignment, or for you to collect the goods.
- If you remain in default of your (collection) obligation after this reasonable period, you will be in default immediately. We may then terminate the agreement in full or in part by giving written notice, sell the ordered goods or materials to third parties, and destroy any documents already produced – without being liable to compensate you for any loss, interest or costs. This does not affect our right to claim compensation for storage costs, damages and loss of profit, or to still demand performance from you.
- Where applicable, we will inform you of any shortcomings, errors, defects or other issues in or relating to:
- the information you or your representatives have provided;
- the techniques or methods you have specified or requested;
- the instructions you have given;
- the materials you have supplied or specified;
insofar as these issues are relevant to our performance and we are aware of them or could reasonably be expected to be aware of them.
- We will also inform you of the consequences for the agreed prices, rates and deadlines:
- if you request changes to an order or assignment;
- if, during execution of the agreement, it becomes clear that we cannot carry it out as originally agreed due to unforeseen circumstances. In such cases, we will consult with you on a possible alternative approach. If these circumstances make performance impossible, we are in any case entitled to full compensation for the work already carried out, goods already delivered, and any costs we have incurred.
- You must review each draft document we provide (for example, drawings as part of a design consultation) and respond as soon as possible. If necessary, we will revise the draft and submit it to you again for approval. We may ask you to confirm your approval in writing. You may only use the documents once this approval has been given. If we need to make changes to documents you have already approved, this will be considered additional work and we may charge you for the resulting extra costs.
Article 10: Additional and reduced work
- Additional work includes, in any case, all extra services or deliveries that are either requested by you or arise necessarily from the execution of the assignment, and which are not included in the original offer or agreement.
- We will agree any additional or reduced work with you in writing. We are only bound by verbal agreements once we have confirmed them to you in writing, or once we have started carrying them out without objection from your side.
- Settlement of additional or reduced work applies, in any case, in situations involving:
- changes to the original assignment;
- unforeseen cost increases or decreases, and deviations from quantities or amounts that were to be charged or estimated.
- Unless otherwise agreed, we will settle additional and reduced work with you in the final invoice. If the value of the reduced work exceeds that of the additional work, we may charge you 10% of the difference between the two amounts. This does not apply if the reduced work was requested by us.
Article 11: Approval - completion
- We will inform you when we have completed the assignment and when the result, the delivered goods and/or your furniture on which we have performed work are ready for use again.
- The assignment is considered completed in accordance with the agreement once you have inspected the result, the goods and/or your furniture, and signed our (work) confirmation for approval.
- You will also be deemed to have approved the result if:
- we do not provide a (work) confirmation and you do not raise any complaints within five working days of the notice referred to in clause 1;
- you put the result of our work, the goods and/or your furniture fully back into use within that period;
- or you have paid the related invoice.
- If you engage third parties to carry out work that may affect the proper use of the goods, your furniture or the result of our work, this does not justify postponing your approval or rejecting our work if that third-party work has not yet been carried out or completed when our work is finished.
- If you discover any defects or shortcomings after completion, the provisions of the complaints article shall apply.
Article 16: Retention of title
- All goods we deliver to you remain our property until you have fulfilled all your payment obligations.
- These payment obligations include not only the purchase price of the goods, but also any claims we may have:
- for services performed in connection with the delivery;
- due to an attributable failure on your part, such as compensation for damages, extrajudicial collection costs, interest and any applicable penalties.
- You may resell the goods in the ordinary course of your business, provided that you also agree a retention of title clause with your customers.
- If we supply you with identical, non-individually identifiable goods (such as multiple batches of the same product), the batch corresponding to the oldest invoice(s) shall be deemed to have been sold or used by you first. This means that our retention of title shall in any case apply to all goods still in your inventory or on your premises at the time we invoke our retention of title.
- You may not pledge goods that are subject to retention of title or otherwise place them under the control of a financier.
- You must inform us immediately if any third party asserts ownership or other rights over the goods.
- As long as the goods remain in your possession, you must store them with due care and in a way that clearly identifies them as our property.
- You must maintain a business or contents insurance policy that also covers goods delivered under retention of title. Upon our request, you shall provide access to the insurance policy and corresponding proof of premium payment.
- If you act in breach of this article or if we otherwise invoke our retention of title, we or our employees are entitled to enter your premises and reclaim the goods. This does not affect our right to terminate the agreement by means of a written notice to you or to claim compensation for any damage, lost profits, and interest.
Article 17: Intellectual property rights
- Unless otherwise agreed, we hold all intellectual property rights vested in or arising from the goods and documents we deliver or create. Only we are entitled to exercise these rights.
- This means, among other things, that you may not, without our prior written consent, use, reproduce, share with third parties, or disclose to third parties any of the following that we have delivered or created:
- documents (including our quotations, brochures, photographs, video material, etc.) outside the scope of the agreement, or for the purpose of obtaining quotations from third parties;
- goods or parts thereof by way of imitation, modification, reproduction, etc.
- If you provide us with documents or files, you warrant that these do not infringe any third-party intellectual property rights. You are liable for any damage we suffer as a result of such infringements and shall indemnify us against any related claims by third parties.
Article 18 Bankruptcy - Lack of disposition authority, etc.
- We may terminate the agreement by means of a written notice to you if you:
- are declared bankrupt or a bankruptcy petition has been filed;
- apply for (provisional) suspension of payments;
- are subject to enforcement attachment (seizure of assets);
- are placed under administration or guardianship;
- otherwise lose the legal authority or capacity to dispose of (parts of) your assets.
- You must always inform the administrator or guardian of the agreement and these general terms and conditions.
Article 20: Cancellation - Suspension
- This article does not apply to termination within the statutory cooling-off period as described in Article 4.
- If you cancel the agreement before or during its execution (i.e. after a deposit has been made and/or after production has started), we may charge you a fixed compensation for:
- all costs incurred (such as already purchased materials);
- the damage we suffer as a result of the cancellation, including loss of profit.
Depending on the work and deliveries already carried out and the costs incurred, this compensation will range between 20% and 100% of the agreed price or fee.
- If you cancel or reschedule a planned appointment less than 24 hours in advance, or if you are not present at the agreed time, we may charge you for the time reserved.
- You shall indemnify us against any third-party claims arising from the cancellation.
- We are entitled to offset the payable compensation against any amounts you have already paid, as well as against any claims you may have against us.
- If you request us to suspend the performance of the agreement, we may immediately claim and invoice you for all completed work and deliveries, as well as any costs incurred up to that point.
- Any costs we incur in order to resume the work or deliveries will also be at your expense. If we are unable to resume the performance of the agreement after suspension, we may terminate the agreement by means of a written notice to you.
Article 21: Applicable law - Competent court
- Our agreements are governed by Dutch law.
- The applicability of the Vienna Sales Convention (CISG) is excluded.
- We shall submit any disputes to the court competent in the jurisdiction of our registered office. In addition, we always reserve the right to submit the dispute to the competent court in your place of business or residence.
- As a consumer, you are always entitled to choose the court that is legally competent, even if we choose a different court. You must inform us of your choice within one month of receiving the writ of summons.
- If you are based or reside outside the Netherlands, we may also submit the dispute to the competent court in the country or state where you are established or reside.
Date: 14th of July 2025