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TERMS AND CONDITIONS
1. The following conditions in relation to sale, delivery and payment become binding when an order is placed. Changes to these conditions can only come into effect when they are confirmed in writing
2. These general terms and conditions apply to all deliveries and activities, including consultancy services, provided by the said firm (the service provider) to firms or buyers(the customer); any of the customer’s business conditions which do not correspond or deviate from the conditions set out in this document are, in the absence of agreement to the contrary, not recognised by the service provider
3. Details of performance, measurements, weights, prices, appearance and so on given in catalogues, prospectuses, circulars, advertisements, photocopies and any other kind of public forum are not binding on the service provider if they have not been contractually agreed. We reserve the right to technical changes, mistakes, misprints or prior sale
§2. Offering and Accepting
1. The service provider’s online offer is an offer exclusively ‘from adult to adult’. Access to the offer is open only to those aged 18 or above
2. Offers by the service provider are conditional and made without engagement. The placing of an order by the customer constitutes a binding agreement. The goods which have been ordered will be despatched immediately on acceptance of the offer
3. Agreements, especially those arising from ancillary discussions or relating to contractual changes , must be set out in writing
4. When an offer is made by means of the service provider’s online ordering form, the terms of the agreement are saved by the seller and relayed to the customer once he/she has placed his/her order in text form (for example email, text message or letter) in accordance with the relevant AGB. In addition, the text of the agreement reached will be archived on the seller’s internet site and , as long as the customer has established a customer account in the online-shop before despatch of his/her order , can be accessed without charge by the customer on his/her password protected customer account use of his /her log in details
5. All offers are conditional and non-binding. The managing body reserves the absolute right to change, supplement or withdraw the offer in whole or in part without prior notice. Appropriate repayment will be offered to customers who have incurred expenditure
§3. Customer’s right to revoke in the case of delivery through distance selling
1. Should the customer be a consumer in the sense of #13 BGB, then in accordance with #355 BGB he/she has the right to revoke the contract if delivery is through distance selling. The period for revocation begins on the day of the arrival of the goods with the customer or his/her nominated third party. When there are to be recurring deliveries of similar goods, the period within which the right of revocation can be exercised begins with the delivery of the first set of goods. The period within which the right of revocation can be exercised is two weeks. No reason need be given for the exercise of the right of revocation. In order to comply with the conditions concerning the time within which the right of revocation must be exercised it is sufficient that there be a timely written notification of the exercise of the right to revoke together with the return of the goods to the service provider’s address
2. The customer must make reparation for a deterioration in the condition of the goods by virtue of their having been used, in so far as the deterioration is not attributable only to the testing out of the goods. The customer must take care to ensure that use of the goods does not result in their deterioration
3. The right of revocation does not apply to a delivery of audio or video representations or to software, insofar as the delivered data carriers have been unsealed by the customer, nor to the delivery of goods which have been prepared according to the customer’s own specifications or are tailored to primarily to particular individual needs, not to good which through their very nature are not suitable for being sent back. Digital articles which are downloaded from the service provider’s webshop are also excluded from the right to revoke
4. The contract with the serviced provider is determinative in all case of replacement goods. The same applies to all cases of repayment.
§4. Price and payment
1. All prices are inclusive of VAT at the current rate. Payment falls due as soon as an order has been placed.
2. All previously communicated prices are no longer effective once the offer, the price list or the website has/have been brought up to date.
3. Any challenge to the price demanded by the service provider can only be accepted on the basis of incontestable data supported by law. The same applies to the coming into force of the right to hold the goods back.
1. The service provider’s delivery timings and delivery schedules are provided without obligation. They will be adhered to where possible. The service provider reserve the right to early performance of deliveries which are part of a planned series of deliveries
2. The Service provider is not liable for deliveries which are delayed by reason of act of God or other events (such as in particular natural catastrophes, strike, lock out, official injunction etc) even when caused by contractors or subcontractors, even when this results in the breaching of agreed times or schedules for delivery. Such delays in delivery give the service provider the right to delay the delivery for as long as the reason for delay persists or to prolong the envisaged period for delivery.
3. When the delay in delivery in the sense of paragraph 2 (above) last longer than 4 weeks, both parties have the right to withdraw from the contract by reason of the late delivery. When a delivery time is extended as envisaged in accordance with paragraph 2 (above) or when the service provider is freed from his obligations in accordance with the terms of this paragraph, this does not give the customer the right to seek reparation.
§6. Non-liability arising from retention of property
1. The Service Provider retains ownership of property which has been delivered until it has been paid for in full
2. The service provider retains the right to withdraw from the contract in the event of the customer acting in a manner which is in breach of the contract , especially in the case of withholding of payment
§7. Conferring of Guarantee
1. If the customer is a businessman in the sense of the body of law relating to trading, he should examine the product as soon as possible after it has been made over to him, insofar as this is do-able in the normal course of business. If the product is defective, this should be made known to the service provider in concrete terms and without delay. The period within which such claims can be made shall not exceed seven days; there must be a written (including by fax) statement of the clause of claim to the service provider. When the defect only, becomes clear after the lapse of time, the claim must be made without delay after the defect has been discovered. Any guarantee from which the customer benefits automatically falls if he does not comply with the above provision
2. If the customer has the status of consumer, the service provider is able to prescribe in relation to him a specific period within which complaints must be made so that matters can be resolved without delay. The period must be no longer than fourteen days; the arrival of a declaration of complaint with the service provider determines the point form which that period is calculated. The service provider can opt to offer improvements or to make a fresh delivery even after that period has expired.
3. If the customer does not have the status of consumer, the service provider can opt to fulfil his obligations in the case of defect by dealing with the defect or delivery of a new product. If the service provider is not willing to, or not able to, achieve restitution, or unreasonably delays dealing with this beyond the specified periods, or in some other way fails to provide restitution, then the customer has the absolute right to opt for a reduction in price, annulment of the contract, or damages in paced of demanding fulfilment of the contract. If, however, there is only a minor breach of contract, especially where there are only minor defects, then the customer does not have the right of revocation. With the consent of the customer, the service provider has the right to persist in achieving fulfilment of the contract.
§8. General Liability
1. The Service provider is liable for damage which eventually emerges whether as a result of a conscious act or through negligence. In each case the liability is limited to the level of payment which has been made. Claims against the service provider which are based on damages of a material or intellectual nature which arise from the use or non-use of what has been provided in a fallacious or incomplete manner are expressly excluded from this liability.
2. Further claims by the customer, especially a claim for replacement of damaged goods which does not arise from the circumstances of delivery are excluded, except in so far as the cause of the damage arises from wilful or negligent actions or where the service provider is guklity of a material breach of contract
3. The limitations to liability set out above do not apply to claims by the customer on the basis of product liability.
In the event of the customer being subjected to inadequate performance which the service provider fails to put right through his own failings , or through technical reasons, or system failure, then the customer must receive partial or complete reimbursement
Reproduction, use, assignment or storing of graphics, video sequences and texts in other electronic or other types of publications without the express permission of the service provider are not authorised.
1. This contract is governed by the law applicable in the Netherlands
2. If the customer is a consumer in the sense of the relevant body of law, then the determining jurisdiction for the resolution of mutual rights and obligations is the service provider’s legal jurisdiction
3. The service provider notifies the customer that he will comply with data law in relation to data consuming the customer which does not relate to the business dealings between them
4. The customer is obliged to visit this site regularly. On each purchase, he will check out the relevant business conditions
5. Should one or more conditions become inoperable in whole or in part, this does not affect the validity of the remaining conditions. Changes to these conditions must be set out in writing.
These conditions are set out as at 14 September 2014
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