General Terms and Conditions
ARTICLE 1 – VILLEGOlps identity
VILLEGOlps
Aziësingel 41, 3404 EK IJsselstein, The Netherlands
0031-615597602
Weekdays: 09.00-17.00 hrs local time
Email: info@villego.com
Chamber of Commerce number: 908044227
VAT identification number: NLOO3277011B18 I EORI nr. NL1339731780
ARTICLE 2 – Applicability
1. These General Terms and Conditions apply to any offer and distance contract on the Villego® Webshop from VILLEGOlps.
2. The text of these General Terms and Conditions will be supplied to the Customer electronically in such a way that the Customer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Customer´s request free of charge, either via electronic means or otherwise;
3. Villego® Last Planner Simulation is a registered trademark of VILLEGOlps. Villego® materials are copyright. Last Planner® is a registered trademark of the Lean Construction Institute www.leanconstruction.org. It is also known as ‘collaborative planning’, ‘lean planning’, ‘workface planning’.
Villego® is available for purchase by:
• organisations involved in project-based production including construction and design.
• Universities, colleges and industry training organisations.
• consultants who have thorough understanding and experience with Last Planner ®.
ARTICLE 3 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Customer to assess the products and/or services adequately. If VILLEGOlps makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for VILLEGOlps.
3. All offers contain such information that it is clear to the Customer what rights and duties are attached to accepting the offer.
This involves in particular:
− the price, excluding taxes;
− any delivery costs (excluding local import duties custom fees etc,) if applicable;
− the way in which the agreement will be concluded, and what actions are needed to establish this;
− whether or not the right of withdrawal is applicable;
− the form of payment, delivery or performance of the contract;
− the time frame for accepting the offer, or, as the case may be, the time frame for honoring the price;
− the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
− if the contract is filed after conclusion, how the Customer can consult it.
ARTICLE 4 – The contract
1. Subject to the provisions in article 3, the contract becomes valid when the Customer has accepted the offer and fulfilled the terms and conditions set.
2. If the customer accepted the offer via electronic means, VILLEGOlps shall promptly confirm the receipt of the acceptance of the offer via electronic means.
3. If the contract is concluded electronically, VILLEGOlps will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Customer can pay electronically, VILLEGOlps shall observe appropriate security measures.
4. VILLEGOlps may, within the limits of the law, gather information about Customer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, VILLEGOlps has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
5. VILLEGOlps shall send the following information along with the product or service, in writing or in such a way that the Customer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of VILLEGOlps´s business establishment where the Customer may get into contact for any complaints;
b. the information corresponding to existing after-sales services and guarantees.
ARTICLE 5 – Exclusion of the right of withdrawal
1. The Customer does not have the right of withdrawal.
ARTICLE 5 – The Price
1. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer
2. The prices are always in EURO’s.
3. Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if VILLEGOlps has stipulated it and
a. They are the result of legal regulations or stipulations, or
b. The Customer has the authority to cancel the contract before the day on which the price increase starts.
5. All prices indicated in the provision of products or services are excluding VAT.
6. All prices are excluding additional costs, such as: storage fees, demurrage fees and/or customs penalties, charged due to local conditions, rules or law or special rules and/or conditions and have to be paid by the buyer.
ARTICLE 7 – Conformity and Guarantee
1. VILLEGOlps guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
2. An arrangement offered as a guarantee by VILLEGOlps, Manufacturer or Importer shall not affect the rights and claims the Customer may exercise against VILLEGOlps about a failure in the fulfilment of VILLEGOlps’s obligations based on Dutch law and/or the distance contract.
ARTICLE 8 – Delivery and execution
1. VILLEGOlps shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Customer to VILLEGOlps
3. With due observance of the stipulations in Article 3 of these General Terms and Conditions, VILLEGOlps shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Customer shall be informed about this within one month after ordering. In such cases, the Customer is entitled to repudiate the contract free of charge.
4. In the event of repudiation under the preceding paragraph, VILLEGOlps shall return the payment made by the Customer as soon as possible but at least within 30 days after repudiation.
5. If delivering an ordered product turns out to be impossible, VILLEGOlps shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered and will be sent after consent of the buyer.
6. If the product cannot be delivered to the customer due to e.g. absence or other actions (e.g. refusal) of the customer and is returned by Fedex to VillegoLPS these costs will be charged to the customer including the import duties and related handling costs that were advanced by Fedex as well as possible re-import duties in the Netherlands.
7. Import duties and related handling costs at customs (that are advanced by fedex) must be paid to Fedex on delivery or in advance by the customer.
8. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with VILLEGOlps until the time they are delivered to the Customer.
ARTICLE 9 – Payment
1. Amounts must be paid in advance of delivery. Customer may choose between invoice (payment by banc) and via multisafe-pay (creditcard and IDEAL).
ARTICLE 10 – Complaints procedure
1. VILLEGOlps shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted to VILLEGOlps fully and clearly described within a reasonable time after the Customer has discovered the defects.
3. The complaints submitted with VILLEGOlps shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, VILLEGOlps shall respond within 14 days with a notice of receipt and an indication when the Customer can expect a more detailed reply.
ARTICE 11 – Missing components
We take care in assembling your Villego® Last Planner® Simulation. Please check as soon as you have received your kit(s) whether each kit has the promised components. In case of missing components please inform us either via info@VILLEGOlps.nl or via www.villego.nl. We will send you the missing parts.
ARTICLE 12 – Additional or varying provisions
Additional provisions of and/or deviations from these General Terms and Conditions may not be to the Customer’s detriment and must be put in writing or be recorded in such a way that the Customer can stored them in an accessible manner on a long-term data carrier.
ARTICLE 13 – Express orders
Subject to the provisions in article 8 we strive to deliver your kit(s) within 5 to 14 working days after payment. This is normally possible with Fedex or normal post.
See the check-out page for delivery times by fedex.
ARTICLE 14 – Shipping and other import conditions
Additional costs, such as: storage fees, demurrage fees and/or customs penalties, charged due to local conditions, rules or law or special rules and/or conditions by buyer will not to be reimbursed by VILLEGOlps as a claim.
ARTICLE 15 – Copyright
All Villego® materials are copyright. In the simulation kit are two different kinds of documents.
consumables (provided on USB flash drive) – these can be reproduced freely (but not changed) for use with the Villego simulation(s) you have purchased from VILLEGOlps.
laminated instructions – these may not be copied (or changed).
Making copies of any element of the Villego® Last Planner® simulation other than the consumables included as pdfs on the USB flash drive without prior written permission from VILLEGOlps is a breach of the copyright..
To request permission please write to Info@villego.com
ARTICLE 16 – Jurisdiction
Contracts between the Entrepreneur and the Consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law. Disputes will be settled in the Netherlands under Dutch law.
ARTICLE 17 – Improving Villego®
Making changes to any element of the Villego® Last Planner® simulation is a not allowed.
If you have suggestions for improving Villego® please send them to info@villego.com
2023 juli 24
