General terms and conditions Tiny Europe BV

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
3. Bye: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data medium: any means that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to abandon the distance contract within the cooling-off period;
7. Model form: the model withdrawal form made available by the trader which a consumer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
9. Remote agreement: an agreement under which, within the framework of a system organised by the trader for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Remote communication technology: means that can be used to conclude an agreement, without the consumer and trader being together in the same room at the same time.
11. Terms and conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Name: Tiny Europe B.V.

Address: Korte Zuwe 2, 3985 SM Werkhoven

Phone number: 030 227 01 58 (available Mon-Fri from 9am-17pm) E-mail address: info@tiny.nl

Chamber of Commerce number: 85685534

VAT number: NL863707099B01

Article 1 - General provisions

– 1.1

These General Terms and Conditions apply to and form an inseparable whole with all offers as made by Tiny Europe B.V. (hereinafter: Tiny) and all agreements that Tiny enters into with a Buyer. Buyer is understood to mean any natural or legal person who receives an offer or quotation from Tiny and/or enters into an agreement with it, in the broadest sense of the word and in any way whatsoever.

– 1.2

In addition to these General Terms and Conditions, additional terms and conditions may apply if expressly agreed in writing. Should there be any differences between the supplementary conditions and these General Terms and Conditions, the provisions of the supplementary conditions shall take precedence over these General Terms and Conditions, unless otherwise agreed in writing.

– 1.3

Once these General Terms and Conditions apply to an offer and/or agreement, they shall also apply to all new or resulting offers and/or agreements between the parties without further declaration of applicability, unless expressly agreed otherwise in writing.

– 1.4

If any provision of these Terms and Conditions is null and void, destroyed or otherwise declared inapplicable, the remaining provisions of these Terms and Conditions shall remain in full force and effect and the parties shall substitute the

the provision declared void, nullified or inapplicable, agree on a replacement provision that shall, as far as possible, observe the object and purport of the provision(s) declared void, nullified or inapplicable

– 1.5

General (purchase) conditions used by the Buyer shall not apply unless expressly agreed to in advance in writing by Tiny.

– 1.6

Tiny reserves the right to amend and/or supplement these General Terms and Conditions.

– 1.7

Tiny is authorised to use third parties in the performance of an agreement with the Buyer. The present General Terms and Conditions also apply in that situation.

– 1.8

Tiny is entitled to transfer its rights and obligations under the agreement to a third party it designates. The Buyer hereby gives its consent to this.

– 1.9

Any communication between Tiny and the Buyer may take place electronically except insofar as these General Conditions and/or the agreement and/or the law deviate therefrom. The version of the communication concerned stored by Tiny shall serve as proof thereof, subject to proof to the contrary by the Buyer.

– 1.10

For the purposes of these Terms and Conditions, "Tiny" means a Tiny House, a similar product and/or customised accessories.

Article 2 - Offer and agreement

– 2.1

All Tiny's tenders are without obligation, unless expressly agreed otherwise in writing, and are based on the information provided at the time of application by or on behalf of the Buyer. Tenders are valid for 30 days, unless a different period is stated in the tender, after which they lapse and can no longer be invoked.

– 2.2

If the offer or quotation is accepted by the Buyer, an agreement between the parties shall only come into being after the order confirmation for the benefit of a Tiny has been signed by both the Buyer and Tiny.

– 2.3

If the purchase does not involve Tiny, then no order confirmation is signed, but the order form has to be considered the contract.

–   2.4

The quotation, order confirmation and/or order form may contain one or more attachments. These annexes form an inseparable part of the quotation, order confirmation or order form. By signing the order confirmation or order form, the buyer therefore also agrees to the contents of the annexes.

–   2.5

Amendments to the order or agreement must always be made in writing between the parties before they take effect. The additional costs associated with the amendment will be charged to the buyer.

Article 3 - Sale with purchase

– 3.1

If a used Tiny or other item is procured by Tiny from the Buyer based on information provided by the Buyer, without Tiny having inspected the used Tiny or other item, the Procurement Agreement shall be formed based on the information provided by the Buyer. The purchase agreement is the agreement describing the purchase of a Tiny or other item by Tiny from the Buyer. The purchase agreement may form part of the agreement referred to in Article 2 of these conditions.

– 3.2

If, upon actual delivery of the used Tiny or any other item, Tiny finds that the purchased item deviates from the data provided by the Buyer and/or defects are found, which were not or not to such an extent known to Tiny, then Tiny reserves the right to charge the Buyer for the costs of remedying these defects and any decrease in value as a result of these defects. These repair costs and/or decrease in value shall be set off against the purchase price to be paid or set off by Tiny to the Buyer.

– 3.3

Tiny reserves the right to rescind the purchase agreement at any time if the Tiny used deviates from the data provided by the Buyer. The cancellation of the purchase agreement shall not affect the agreement referred to in Article 2 of these conditions, even if the purchase agreement forms part of that agreement.

– 3.4

If, as a result of the reduction of the purchase price or dissolution, the Buyer is unable to pay the purchase price agreed by him with Tiny Europe for the new Tiny or other item, the Buyer may cancel the purchase agreement of the new Tiny or other item within 7 days of the Buyer becoming aware of the reduced purchase price or dissolution of the purchase agreement. Cancellation shall take place with due observance of the provisions of Article 6 of these conditions.

– 3.5

If the Buyer continues to use the old Tiny or other item pending delivery of the new Tiny or other item, the old Tiny or other item shall not become the property of Tiny until actual delivery thereof to Tiny has taken place. Only then shall Tiny owe the Buyer the purchase price. As long as actual delivery has not yet taken place and/or the Buyer continues to use the Tiny and/or the other item, it shall be entirely for the Buyer's account and risk.

Article 4 - Retention of title, building rights, right of retention

– 4.1

Ownership of a Tiny and/or other item does not transfer to the Buyer until the Buyer has fully complied with all its obligations towards Tiny under any agreement entered into by Tiny with the Buyer. Even if ownership of a Tiny and/or other item has not yet been transferred to the Buyer, the Buyer's account and risk from the moment of delivery shall apply. Among other things, the Buyer is obliged to pay the necessary maintenance costs.

– 4.2

The Buyer is obliged to insure a Tiny and/or the other item from the moment of delivery, at his own expense, against the risks of fire, theft and any other damage, in such a way that the relevant insurance policy includes the stipulation that the insurance also covers third-party items. The Buyer is expressly not permitted to pledge any claims against its insurer under the insurance policies referred to in the foregoing clause, insofar as these relate to a Tiny and/or other items, to third parties or to provide them as security in the broadest sense of the word to third parties.

– 4.3

The Buyer may not transfer a Tiny and/or the other item as long as Tiny retains ownership thereof, aggravate it with any right, sub-let it or otherwise give it to a third party for use, nor may it transport or move a Tiny and/or the other item.

– 4.4

If a Tiny is delivered by Tiny despite the fact that the purchase price has not yet been paid in full, Tiny reserves the right, in addition to ownership, to suspend delivery of the key to a Tiny until the Buyer has fulfilled all its obligations under the agreement. In that case, the account and risk of a Tiny will already be transferred at the time of delivery of a Tiny, subject to the provisions of Articles 13.6 and 13.7 of these conditions.

– 4.5

As long as a Tiny is subject to Tiny's retention of title, it cannot be installed and made ready for use, and it is forbidden to attach a Tiny to immovable property, including the soil, in an earth- and nailproof manner.

– 4.6

In the event that the buyer owns the land on which a Tiny is to be placed, the buyer shall upon first request cooperate in establishing a right of superficies for the benefit of Tiny.

Article 5 - Prices, invoicing and payment

– 5.1

The prices, as stated in the offers and agreements are always based on prices, costs and regulations, as they were at the time the offer was made or the agreement was entered into. Tiny reserves the right to pass on changes in components of the total price that lead to an increase in the total price to the Buyer.

– 5.2

The prices mentioned by Tiny in its offers and agreements are always stated in the Euro unless expressly agreed otherwise and always including turnover tax (VAT) and other equivalent levies.

– 5.3

The payment period of invoices is 5 days, unless the parties have agreed otherwise in writing.

– 5.4

Tiny has at all times the right to demand full or partial prepayment or a security at its convenience from the Buyer. The Buyer must comply with this upon first request. If the Buyer does not comply, Tiny reserves the right to suspend the performance of all agreements it has entered into with the Buyer.

– 5.5

The Buyer is expressly not entitled to set off outstanding invoices against any claim whatsoever against Tiny.

– 5.6

If the Buyer has exceeded the term of payment of the invoice, any right to discount, insofar as this discount has been expressly agreed in writing in advance, lapses and Tiny has the right, without any summons or further notice of default being required, to charge the Buyer interest of 1% per month from the due date of the invoice until the day the invoice is paid in full, with part of a month counting as a month, without prejudice to Tiny's other rights.

– 5.7

Extrajudicial costs shall be owed by the Buyer in any case in which Tiny has secured the assistance of one or more third parties for legal assistance, including the recovery of amounts due to it. Without prejudice to any further rights and claims, the extrajudicial costs will in any event be at least 15% of the principal sum due

– 5.8

Insofar as the buyer is not acting in the exercise of a profession or business, Tiny is entitled to compensation in respect of extrajudicial costs in accordance with the Decree on Compensation for Extrajudicial Collection Costs.

Article 6 - Termination and suspension of agreement

– 6.1

At the Buyer's request, the contract may be cancelled in full or in part, but only if Tiny has expressly agreed to the cancellation in writing. When cancelling the order, the Buyer shall remain liable to pay Tiny a fee of 25% of the total amount stated in the order confirmation including VAT, without prejudice to Tiny's right to compensation for the full damage it suffers as a result of the cancellation.

– 6.2

If the (damage) compensation referred to in the first paragraph of this article is not paid within 14 days of its submission, the right to cancel lapses and the agreement is maintained.

– 6.3

If the Buyer does not, does not properly or does not timely meet any obligation which may arise for the Buyer under any agreement entered into with Tiny, of which these General Terms and Conditions form a part, or Tiny has reason to believe that the Buyer will not properly or does not timely meet any obligation which rests on the Buyer under an agreement entered into between itself and the Buyer the Buyer shall be deemed to be in default by operation of law without further notice of default and Tiny shall be entitled, without judicial intervention, to suspend the performance of any agreement entered into with the Buyer in full or in part, or to dissolve the agreement(s) in full or in part by means of a statement to that effect, such without Tiny being liable to pay any damages, all without prejudice to Tiny's other rights, as well as the right to full compensation.

– 6.4

In the event of a non-attributable failure, Tiny shall be entitled to suspend the performance of the agreement, without this entitling the buyer to rescission, compensation or any other right.

– 6.5

If the non-attributable shortcoming is to be judged as permanent, Tiny may rescind the contract in full or in part by a written declaration to the Buyer to that effect, without the Buyer having any right to compensation towards Tiny.

Article 7 - Warranty

–   7.1

Tiny gives buyer a 2-year warranty on a Tiny that comes new from the factory except for the equipment in a Tiny. For that equipment, the manufacturer's warranty from the relevant equipment suppliers will apply. No warranty will be given on a Tiny that does not come new from the factory unless the parties agree otherwise in writing.

–   7.2

The warranty is void if:

• the defect is not reported in writing to Tiny within 14 days of its discovery by the buyer or within 14 days of the buyer becoming aware of the defect;
• the defect appears to be a consequence of intent or fault on the part of the buyer;
• the defect is due to a lack of maintenance or improper care of the chalet;
• a person other than Tiny has carried out repairs or other work on a Tiny, whether or not the defect is caused by those repairs or work;
• Buyer at the time the defect arises and/or this is reported, has not fulfilled or not timely fulfilled any obligation he has towards Tiny.

–   7.3

The guarantee is provided only to the buyer and does not apply to a successor assignee.

Article 8 - Defects

– 8.1

The Buyer is obliged to check Tiny first after delivery and then after installation for damage and for any deviations from what follows from the purchase agreement. Any defects found must be reported immediately to the Tiny employee present. If no employee of Tiny is present, the Buyer must report the defects to Tiny in writing within 48 hours of delivery.

– 8.2

If, after installation and commissioning of a Tiny, defects become apparent that could not have been discovered earlier, these defects must be notified in writing to Tiny Europe B.V. within 14 days of discovery or within 14 days of the Buyer becoming aware of the defects.

–   8.3

Defects regarding repairs carried out by Tiny or other goods or services provided by Tiny must also be reported to Tiny in writing within 14 days from the time the defect was discovered.

– 8.4

If the Buyer does not report the defect in time, all claims and rights of the Buyer towards Tiny shall lapse and the delivered goods shall be deemed to have been irrevocably and unconditionally accepted by the Buyer and all rights that the Buyer can assert towards Tiny shall lapse.

–   8.5

Detected defects shall not entitle the Buyer to suspend any obligation towards Tiny or to terminate the purchase agreement in any way.

–   8.6

The Buyer bears responsibility for the soil/subsoil on which a Tiny is placed. Tiny is not responsible for any damage, defects or other claims by the buyer and/or third parties related to the soil/subsoil.

Article 9 - Liability

–   9.1

Tiny is not liable for any damage suffered by the Buyer, directly or indirectly, except in the event of intent or gross negligence on the part of Tiny.

–   9.2

Subject to civil liability under mandatory provisions and

except in the event of intent or gross negligence, the seller shall never be liable for any damage suffered by the buyer. Liability for indirect damage, consequential damage, immaterial damage, trading loss, environmental damage, damage due to loss of profit or damage resulting from liability towards third parties is furthermore expressly excluded."

–   9.3

Liability is limited to an amount equal to half the purchase price.

–   9.4

If Tiny's liability insurance proceeds to pay any amount, it will never pay higher compensation, than the amount paid out by Tiny's liability insurer.

– 9.5

In the event that Tiny is held liable by third parties in relation to the offer made by Tiny to the Buyer and/or in relation to any purchase agreement entered into with the Buyer, for whatever reason, the Buyer hereby indemnifies Tiny against such claims.

Article 10 - Disputes and applicable law

– 10.1

All quotations, offers and agreements governed by these terms and conditions shall be governed exclusively by Dutch law.

– 10.2

All disputes relating to or arising from the tenders made, offers made and/or agreements concluded with Tiny will exclusively be brought before the competent Dutch court in the district of Tiny's place of business.

Article 11 - Right of withdrawal

The buyer has the right to withdraw from the contract within a period of 14 days without giving reasons. The withdrawal period expires 14 days after the first day of ordering. To exercise the right of withdrawal, the Buyer must inform Tiny of your decision to withdraw from the agreement by an unequivocal written statement. The buyer may use the attached model withdrawal form for this purpose, but is not obliged to do so. To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of withdrawal If the Buyer withdraws from the contract, the Buyer shall receive back from Tiny all payments made by the Buyer up to that point, including delivery costs (with the exception of any additional costs resulting from the Buyer's choice of a delivery method other than the cheapest standard delivery offered by Tiny) without delay and in any event no later than 14 days after Tiny has been informed of the Buyer's decision to withdraw from the contract. Tiny shall reimburse the Buyer using the same means of payment with which the Buyer made the original transaction, unless the Buyer has expressly agreed otherwise.

Delivery conditions Article 12 - Delivery time

– 12.1

The delivery date stated by Tiny is an approximation only and shall never be a deadline.

– 12.2

Exceeding the delivery date, for whatever reason, shall never entitle the buyer to compensation, termination or non-fulfilment of the agreement or suspension of any obligation which may arise for it from the agreement or any further agreement related to this agreement, unless there is intent or gross negligence on the part of the buyer.

fault on the part of Tint. Errors by third parties, whether or not engaged by Tiny, cannot expressly be attributed to Tiny.

Article 13 - Transport, delivery, placement and installation

– 13.1

Transport of a Tiny is not included in the contract unless the parties have agreed so in writing. Transport means the transport of a Tiny on public roads to the place of delivery at the delivery address specified in the order confirmation.

– 13.2

If transport is included in the contract, but a Tiny is to be delivered to an address other than the delivery address specified in the order confirmation, additional charges may apply.

– 13.3

Placement of a Tiny by Tiny is not included in the contract unless the parties have previously agreed in writing. Placement means moving a Tiny from the place of delivery to the actual location of a Tiny.

– 13.4

The buyer must ensure that the pitch is fully prepared at his expense.

– 13.5

If the cost of placement is significantly higher than usual due to the manner in which a Tiny is to be placed or due to non- or incorrect preparation, additional charges may apply.

– 13.6

Installation of a Tiny is not included in the contract unless the parties have previously agreed in writing. Installation means connecting a Tiny to all facilities and thereby making a Tiny ready for use.

– 13.7

If Tiny only takes care of the transport of a Tiny, then the account and risk of a Tiny shall pass at the moment a Tiny is delivered. In case a Tiny is also installed by Tiny, the account and risk of a Tiny will be transferred to the Buyer at the moment a Tiny is installed, even if Tiny also takes care of the installation of a Tiny. If, due to circumstances beyond Tiny's control, the installation of a Tiny takes place on a day other than the day of delivery, the risk and account shall pass to the Buyer upon delivery.

– 13.8

Unless otherwise agreed, the Buyer is obliged to take delivery of a Tiny immediately after completion, regardless of the agreed delivery date. Postponement of delivery at the Buyer's request may only take place with the express written consent of Tiny. Any costs and losses for Tiny resulting from such postponement shall be borne in full by the Buyer. The cost estimate to be provided by Tiny in this regard shall be binding on the Buyer.

– 13.9

If Tiny is not given the opportunity by the Buyer to deliver a Tiny, delivery shall be deemed to have taken place at the time that Tiny has notified the Buyer that a Tiny is ready for delivery. A Tiny shall be for the account and risk of the Buyer from that moment.

– 13.10

The Buyer shall ensure, at its own expense, that it has the necessary permits and approvals in time for delivery, placement and installation. The Seller is not responsible for the requirements of government authorities, utility companies or any third parties, such as camping owners, imposed on a Tiny as a result of the placement and installation.