Terms & Conditions
1. Introduction
Sixinch BV a company incorporated under the laws of Belgium, registered with the Crossroad Bank for Enterprises with number 0878.900.766 whose registered office is situated at 2000 Antwerpen , Nassaustraat 36, (hereinafter referred to as “SIXINCH” or “we”) is specialized in the development, production and distribution furniture products (hereinafter referred to as “the Goods”).
The customer can be any natural person or legal entity that enters into a contractual relationship with SIXINCH within the framework of its, his or her professional, commercial or craftsmanship related activities (hereinafter referred to as “the Customer” or “you”).
2. Applicability
Safe as explicitly accepted otherwise in writing by SIXINCH, these terms and conditions shall apply to all offers of SIXINCH and/or agreements between SIXINCH and the Customer.
If the Customer agrees to place an order with SIXINCH, this automatically implies you acknowledge to be informed of and to have accepted these terms and conditions.
The application of these terms and conditions excludes the application of any (general or specific) terms and conditions of the Customer.
SIXINCH may revise these terms and conditions from time to time.
A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.
3. Order confirmation/agreement
The offers of SIXINCH are without engagement and will remain valid for ninety (90) calendar days.
Orders from Customers that have not been confirmed by SIXINCH will not be binding upon SIXINCH.
Only the directors of SIXINCH and the person(s) that is (are) explicitly authorized by one of the directors, is (are) entitled to enter into an agreement on behalf of SIXINCH. There will only be a binding agreement between the parties (i) upon written confirmation of an order by one of the afore mentioned persons, or (ii) upon execution of the order by SIXINCH.
4. Prices
Unless parties have agreed otherwise in writing, Goods will be provided by SIXINCH at the price agreed upon in the relevant offer or invoiced in accordance with the then current prices.
Upon request of the Customer, the latter will be provided with the SIXINCH price list and/or any other SIXINCH commercial documentation. All price lists, brochures and catalogues are intended as a guide only.
Unless parties have agreed otherwise in writing, all delivery costs shall be paid by the Customer.
The VAT, any other taxes and possible costs related to the Goods provided by SIXINCH, including all taxes and possible costs that have been implemented since the effective date of the agreement, are also charged to the Customer.
All offers of SIXINCH are based on information and input provided by the Customer to SIXINCH. Any modification by the Customer can give rise to a revision of the price.
SIXINCH cannot be held liable for changes in the price if such a change is related to incorrect information provided by the Customer.
5. Delivery/transfer of risk
Delivery of the Goods shall be made EX WORKS in a warehouse of SIXINCH, to the extent that nothing is agreed to the contrary.
If the Goods which have been notified as ready for shipping are not collected in accordance with the agreement, the risk shall be transferred to the Customer on the notification of the Goods’ readiness for shipping and the purchase price shall be due and payable. SIXINCH shall then be entitled to store the Goods as it sees fit at the expense and risk of the Customer.
If the parties have agreed that the transportation of the Goods will be organised by SIXINCH, and no specific instructions were given by the Customer in this respect, SIXINCH will determine independently the method and manner of transportation, shipment, packaging and the like.
The risk for loss or damages related to the transportation, shipment and packaging (and the costs involved) will however be transferred to the Customer when the Goods leave the SIXINCH warehouse.
SIXINCH will not be liable for any damage to the Goods which occurs while in transit.
Customer will ensure that there is safe adequate access to the delivery address taking into account the size, weight and bulk of the Goods that are ordered.
If the Goods ordered cannot be off-loaded due to inadequate access or if the Customer unreasonably refuses to take receipt of the Goods, they may be returned to the SIXINCH warehouse and we shall charge you any reasonable costs for returning the Goods to the warehouse and their storage.
6. Term and termination
The agreement will commence on the effective date as mentioned on the relevant offer and will continue until all Goods have been delivered to the Customer and the Customer has paid the fees due in respect of those Goods, unless a specific delivery term has been agreed upon.
Where a delivery term is indicated in the relevant offer, this is only indicative and without engagement to SIXINCH. However, SIXINCH will make best efforts to respect such term.
Any delay in delivery shall not give the Customer the right to withhold payment, to refuse the receipt of the Goods, to receive any penalty or to terminate the agreement.
Delivery terms will automatically be extended if the delay is caused by the Customer and/or a third party.
SIXINCH may terminate the agreement with immediate effect, without prior notice, notice period and/or court authorization, and without any compensation if (i) the Customer is in breach of the agreement and the Customer has failed to remedy the breach within 7 calendar days after receiving written notice; (ii) the Customer is unable to pay its debts as they fall due or a court order is made for the winding up of the Customer; (iii) an effective resolution is passed for the winding up of the Customer (other than for the purposes of amalgamation); (iv) there is a change of control in the structure and organization of the Customer; (v) the Customer refuses to make an advance payment as mentioned in article 7 below; (vi) SIXINCH has legitimate reasons to assume that the Customer will not be able to perform its contractual duties towards SIXINCH because, for example, its assets are worth less than its liabilities on a balance sheet basis.
In case of such termination this will be without prejudice to SIXINCH’s other rights and remedies. SIXINCH will be entitled to claim compensation, including costs, interests and damages and all outstanding amounts will be immediately due and payable.
In any case, Customer shall be required to pay for any Goods already delivered to him and shall pay for all damages, with a fixed minimum of 50% of the agreed price.
7. Payment
Unless agreed otherwise in writing, the invoices of SIXINCH are payable within fifteen (15) days from the invoice issue date. Invoices will be paid in EUR by means of a bank transfer on the account number mentioned on the invoice.
SIXINCH is entitled to request for an advance payment and/or the complete prepayment of an invoice.
As long as SIXINCH has not received the advance payment, SIXINCH will be entitled to suspend the execution of the agreement. The production of the Goods will not commence until the advance payment is received.
In case of late or non-payment of an invoice on the expiry date, all other amounts due by the Customer will become immediately payable without prior written notice.
Furthermore, an interest of 1% per month and a lump sum of 10% on the invoiced amount, excluding taxes, with a minimum of 250 EUR will be due, automatically and without prior written notice, without prejudice to the right of SIXINCH to claim the actual damages that were suffered because of the late or non-payment by the Customer.
Finally, SIXINCH will be entitled to suspend and/or terminate without notice all agreements with you without compensation or return of any amounts paid under such agreements.
Complaints related to the invoices of SIXINCH are only admissible in case of a detailed notification to SIXINCH in writing within eight (8) days from the invoice issue date (without this being considered as the acceptance of its content by SIXINCH). Without such notification, the invoice is deemed to be accepted by the Customer without reservation.
8. Specifications and materials
SIXINCH carefully selects the materials and resources for the Goods. While SIXINCH undertakes to match consistence and appearance of the Goods, all Goods that are sold are handmade and subject to commercially acceptable variations or irregularities in color, surface, grain or texture due to the nature of the materials and techniques applied.
The Goods often being used outside, may change color in time, due to sunlight but also because of the aging of the materials. Differences in color may also occur from batch to batch.
Colour tone differences between the models and the Goods as delivered may be due to the appearance of the Goods on a computer screen, the lighting of the Goods and the reflection of light in pictures of the Goods.
The polyurethane lining of the Goods is the result of a polymer system. This can result in some marks in the surface and in the edges of the polyurethane coating.
9. Defects and Complaints
The Customer must immediately inspect the Goods upon receipt.
If you have any complaints about the nature, quantity, quality or exterior condition of the Goods, or any other complaint concerning the Goods which is reasonably apparent, you must inform us at the time of delivery and record it in the original copy of the transport documents and/or delivery report. Subsequently, you must provide us with written details by registered mail within eight (8) days of delivery of the Goods.
If you have any complaints about any non-visible defect in the Goods, you must advise us by registered mail immediately upon discovery of the defect.
The acceptance of returned Goods is always subject to our discretion and does not indicate our agreement with the return. The existence of a complaint does not relieve you from your obligation to pay the price on its due date.
10. Warranty
The Goods will correspond to any description published on our website and the specifications set out in article 8 above.
Furthermore, SIXINCH warrants that the Goods will be of satisfactory quality and free from defects in design, materials and workmanship.
Foam Coating Characteristics
Foam coating is a manually applied technique, which means that each product is unique. Slight variations may occur as part of the handmade process. These may include minor surface irregularities, such as light unevenness in the spray texture, small bumps, or imperfections in the substrate (foam or EPS).
Due to the nature of the coating process, dimensional accuracy cannot be guaranteed to the millimeter. A tolerance of up to ±7 mm may occur, depending on environmental conditions such as temperature and humidity during application.
These characteristics are inherent to the production process and are considered part of the authentic and handcrafted nature of SIXINCH® foam-coated products.
SIXINCH will (i) repair or replace free of charge any Goods which are supplied by us or (ii) repair or replace any part or parts thereof, which are shown to our satisfaction to be defective due to faulty materials or workmanship within twelve (12) months from the delivery date of the Good(s).
SIXINCH will not be responsible for any claim, where such claims relate to matters not due to our fault, including but not limited to any fault or defect caused by:
The following exclusions apply in addition to the general warranty terms and conditions of SIXINCH® furniture products.
This warranty covers defects in materials and workmanship under normal use. It does not cover damage or failure resulting from misuse, improper handling, or failure to follow care and maintenance instructions.
The warranty shall be void in the event of damage or deterioration caused by any of the following:
1. Improper or Abusive Use
Use of the product for purposes other than its intended design or function (e.g., standing, jumping, or applying excessive weight or pressure).
Use of furniture in public, high-traffic, or commercial environments beyond its specified application category without prior manufacturer approval.
2. Incorrect Installation or Modification
Damage caused by incorrect assembly, installation, or disassembly.
Any modification, alteration, or repair not authorized by SIXINCH® or its certified service partners.
3. Neglect, Improper Care, or Cleaning
Failure to follow the official SIXINCH® care and cleaning guidelines, including use of abrasive tools or harsh chemical cleaning agents that may damage the coated surface.
Accumulation of dirt, mold, or contaminants due to inadequate maintenance or staining caused by coffee, champagne, or other potential staining products.
4. Improper Handling or Movement
Damage caused by dragging, dropping, or mishandling furniture during transport, storage, or relocation.
Surface tears, punctures, or deformation resulting from sharp objects, impact, or concentrated pressure.
5. Environmental Exposure
Use or storage of indoor products outdoors or in environments with excessive humidity, heat, or UV exposure.
Damage resulting from exposure to direct sunlight, moisture, salt air, or extreme temperature fluctuations beyond the specified product limits.
6. Improper Loading or Weight Distribution
Structural or surface (creases) damage caused by exceeding maximum load capacities or unevenly distributed weight on the seating or objects.
7. Accidental or Intentional Damage
Scratches, stains, burns, cuts, dents, or other damage resulting from accidents, vandalism, or deliberate misuse.
8. Surface Variations
Normal variations in color, texture, or gloss level of the SIXINCH® coating that naturally occur over time through regular use or aging.
Warranty and Costs
In the event of failure to pay the Price, all of our warranties relating to the supply of Goods are set out in these terms and conditions. To the maximum extent permitted by applicable law, all other warranties are expressly excluded.
Any additional costs of claiming under this warranty, such as taxes and shipping costs, shall be borne by you.
11. Retention of title
Title to the Goods shall remain vested in SIXINCH and shall not pass to the Customer until the purchase price for the Goods has been paid in full and is received by SIXINCH. Irrespective of whether title to the Goods remains vested in SIXINCH, the risk of damage to or loss of the Goods shall pass to the Customer when the Goods leave the SIXINCH warehouse.
Until the moment that title to the Goods will be vested in the Customer, the Customer will (i) not be allowed to sell or otherwise deal with and/or dispose of all or any part of the Goods and (ii) mark the Goods as SIXINCH property and (iii) store the Goods separately from goods belonging to the Customer or to third parties.
The Customer agrees to inform SIXINCH immediately in writing when the Goods are seized by a third party.
The Customer also agrees to inform SIXINCH when the Goods are stored in a building that is not the property of the Customer, and the Customer will, if so required by SIXINCH, inform the latter of the identy of the owner of such building.
12. Intellectual Property
These terms and conditions shall not constitute or effect any assignment or license of any intellectual property rights, such as patent rights, trademarks, designs and models, copyrights, rights in databases, proprietary rights in know-how, including trade secrets and other confidential information, and any other form of legally protectable intellectual or industrial property rights under any jurisdiction whatsoever.
Upon payment of the price, the (physical) Good(s) will become the Customers’. All intellectual property rights in the designs are and remain SIXINCH property at all times.
All intellectual property rights arising from the execution of custom orders upon request of the Customer, including in or relating to any drawings, texts and designs provided by the Customer, shall hereby be licensed by the Customer to SIXINCH on a non-exclusive, worldwide basis.
The Customer warrants that the manufacturing, production and final delivery of the Goods based on such drawings, texts and designs does not violate the (intellectual property) rights of any third party.
The Customer will indemnify SIXINCH against all claims by third parties arising out of any allegation of breach of any third party’s intellectual property rights and Customer shall compensate SIXINCH for any damages (both direct and indirect) that SIXINCH shall suffer in this respect.
Customer agrees that SIXINCH may use the Goods for its portfolio. By allowing SIXINCH to use images and pictures of the Goods Customer grants SIXINCH the right to use them in order to promote the SIXINCH Goods and services.
13. Limited liability
Nothing in these terms and conditions will:
i. Limit or exclude any liability for death or personal injury resulting from negligence.
ii. Limit or exclude any liability for fraud or fraudulent misrepresentation.
iii. Limit any liabilities in any way that is not permitted under applicable law.
iv. Exclude any liabilities that may not be excluded under applicable law.
SIXINCH will not be liable to the Customer in respect of any indirect or consequential damages, such as, without being exhaustive, business losses, loss of or damage to profits, income, revenue, use, production, business, contracts, commercial opportunities, or goodwill.
SIXINCH’s aggregate liability to the Customer in respect of any agreement to purchase Goods from SIXINCH under these terms and conditions shall not exceed the total amount paid and payable under said agreement.
14. Force majeure
Neither party shall be liable for any delay or failure to perform hereunder if such delay or failure is due to a force majeure event. A force majeure event is any cause beyond the reasonable control of such party that prevents that party from performing under the agreement, temporarily or permanently, even if the cause was foreseeable. Without being exhaustive, a force majeure event includes: stock shortages, third party delays, defective machines, strike, lockout, fire, uprising, war, epidemic, flood, electrical, IT, internet or telecommunication failures and government related decisions.
In case of a force majeure event, the performance of services hereunder of the concerning party is suspended. Both parties will use best efforts to limit the consequences of the force majeure event. In the event either party is unable to resume performance of the applicable services within 2 months of providing notice of a force majeure event, the other party may terminate the agreement immediately, without compensation to the first party.
15. Confidentiality
All information that is shared between SIXINCH and the Customer in the framework of the agreement, will be considered as confidential information, and both parties will hold such information strictly confidential, unless (i) the information has already been made public by one of the parties prior to the effective date of the agreement or (ii) the concerning information should be considered as being part of the public domain.
The parties agree to hold all confidential information confidential during the term of the agreement and for a period of 1 year after the end of the agreement, and will refrain from using, multiplying, making the information public or allowing that it is used for other purposes than the ones it was originally shared for.
16. Absence of exclusivity
Neither of the parties will be bound by any exclusivity obligation towards the other party.
17. General
Assignment and subcontracting
Customer hereby agrees that SIXINCH may assign, transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions and any agreement with the Customer.
Customer may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of its rights and/or obligations under these terms and conditions.
No waivers
No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions shall constitute the entire agreement between SIXINCH and the Customer in relation to the sale and purchase of Goods and shall supersede all previous agreements between the parties.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with UAE law.
Any disputes relating to these terms and conditions shall be subject to the exclusive competence of the courts of UAE.