General
These
Conditions apply to all our Internet sales.
By completing the procedure described in the Website
(herein the “Website procedure”) you
accept these Conditions to the exclusion of all
other conditions. In these Conditions “in
writing” shall also mean by e-mail.
The sale will come into force upon completion
of the Website procedure.
Prices
All prices are set out in the website and exclude
VAT. We reserve the right to amend prices until
completion of the Website procedure. We charge
delivery costs as set out in the Website procedure.
Payment
Payment will be made in advance
as set out in the Website procedure. In case we
have agreed to payment on account or after delivery,
payment shall be made within 30 days after date
of invoice and without deduction or set-off. Payment
is only completed after we have received notification
that our bank account has been credited. We shall
have the right to charge interest on sums outstanding
at the rate of 1.5% per month or part of a month.
All costs, both judicial and extra-judicial, the
latter assessed at 10% of the invoiced amount,
incurred in collecting and recovering overdue amounts
are for your account.
Delivery
We deliver goods destined for
countries in the European Union “Delivery Duty Paid” (according
to Incoterms) to the address set out by you in
the Website procedure within the period set out
in the Website procedure. We will however not be
liable for any late delivery.
Complaints
Complaints about shortages or
defects, which can be discovered by normal diligent
inspection, have to be notified to us in writing
within 7 days after delivery. Complaints about
shortages or defects, which cannot be discovered
by normal diligent inspection, have to be notified
to us in writing within 7 days after discovery.
Any right to claim shall expire if:
- You did not
notify us within the requisite period or
- You did not
return us the goods at our request with the
original packaging or
- Goods continue
to be used or delivery has taken place more
than six months before.
Liability
We will only be liable for material
and manufacturing defects. If such defects are
founded, we will - in your option -:
- Remedy the defects
or
- Deliver replacement
goods against return of the defective goods
or
- Annul the agreement
and return the purchase price against return
of the defective goods.
We will not be liable for costs
or damages (including consequential damages) caused
directly or indirectly by:
- Application
or use of the goods or
- Advice given
by us or
- Late delivery
or non-delivery of goods.
All our liability will expire
six months after delivery. You release us from
any and all further liability and will hold us
harmless from all claims of third parties.Rights
of industrial property
We retain title and copyright
in all software, designs, drawings, specifications
and other data we may provide.Applicable law and
disputes
All agreements are subject solely
to the Laws of the Netherlands. All disputes will
be exclusively settled by the district court in
Amsterdam, the Netherlands provided we in our option
may institute proceedings before any other court
having jurisdiction over you elsewhere.
Variations
Variations to these conditions
are only valid to the extent we have confirmed
them in writing. |