GENERAL TERMS AND CONDITIONS OF SALE
Article 1. Applicability
1.1 All offers, orders and agreements of Uitgeverij Van Oorschot bv (hereafter: oorshop.nl) are subject to these General Terms and Conditions of Sale (hereafter: Conditions) to the exclusion of any other general conditions. These Conditions can be consulted via internet, see: http://www.oorshop.nl.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Conditions.
1.3 The provisions of these Conditions may only be deviated from in writing, in which case the remaining provisions shall remain in full force.
Article 2. Offers/agreements
2.1 All offers made by oorshop.nl are without obligation and oorshop.nl expressly reserves the right to change prices.
2.2 An agreement is only established after acceptance of your order by oorshop.nl. Oorshop.nl is entitled to refuse orders or to attach special conditions to the delivery. If an order is not accepted, oorshop.nl will communicate this within ten (10) working days after receipt of the order.
Article 3. Prices and payments
3.1 The prices stated for the articles and services offered are in euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
3.2 Oorshop.nl expressly reserves the right to unilaterally change a price for an article in case of a price increase in the period between the order and the delivery and/or in case of a wrong price notification. In that case, the customer is entitled to cancel the order or dissolve the agreement in writing within ten days of being informed of this.
3.3 Payment can be made in (one of) the way(s) indicated during the ordering process and under Processing on the webpage of oorshop.nl. Your order may be subject to further (payment/order) conditions. When paying by bank or giro, the date of payment is the date of crediting the giro or bank account of oorshop.nl.
3.4 If the customer is or remains in default with any payment, oorshop.nl is entitled (the execution of) the relevant agreement and related agreements to suspend.
Article 4. Delivery
4.1 Delivery by oorshop.nl takes place in the manner agreed between the parties and at least within thirty (30) days after ordering, unless otherwise indicated by oorshop.nl. If delivery does not take place on time, you will be informed within 1 month after placing the order and until the moment of delivery you have the right to dissolve the agreement free of charge by written notification to oorshop.nl. Exceeding the delivery period gives you no right to compensation.
4.2 Delivery takes place when the article is received by (or on behalf of) you and the risk regarding the article then passes to the customer. This also applies if the customer is not at home and is given the opportunity to collect the article from the post office.
4.3 If the customer has already made payments as part of the implementation of the agreement which is dissolved by the customer pursuant to Article 6.3 of the Conditions, oorshop.nl will refund the amount already paid to the customer as soon as possible, but no later than thirty days after receiving the notification.
Article 5. Ownership
5.1 The ownership of delivered items is transferred only if you have fulfilled all your obligations under any agreement with oorshop.nl. The risk in respect of the articles passes to you at the time of delivery.
5.2 The customer may not encumber, sell, resell, alienate or otherwise encumber an article before ownership has passed.
Article 6. Intellectual and industrial property rights
6.1 You must respect all intellectual and industrial property rights vested in the articles delivered by Oorshop.nl completely and unconditionally.
6.2 Oorshop.nl does not guarantee that the articles delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You are obliged to examine upon delivery whether the article complies with the agreement. Any defects found must be reported in writing to oorshop.nl within seven working days after discovery.
7.2 If it is demonstrated that the articles do not meet the agreement, oorshop.nl has the choice of replacing the returned items with new items or refunding the invoice price plus shipping costs paid.
7.3 Oorshop.nl reserves the right to refuse a returned article or to return only part of the amount already paid, when it is suspected that the article has already been opened or used or when it is damaged, unless this damage can be attributed to oorshop.nl, the supplier or the transporter of the article.
Article 8. Right of withdrawal
8.1 If you do not wish to purchase an article for any reason, you have the right to return the article within seven (7) working days after delivery to oorshop.nl and dissolve the agreement.
8.2 The provisions of paragraph 1 of this article do not apply if the distance selling concerns – goods that have been made to the specifications of the buyer, are clearly personal in nature, by their nature can not be returned or can spoil or age quickly; – audio or video recordings and computer software, if the customer has broken the seal; – newspapers and magazines.
Article 9. Return and refund
9.1 If the customer dissolves the agreement and has already received the article, the customer must return the article immediately, but no later than seven working days after the dissolution of the agreement to oorshop.nl.
9.2 In case of dissolution under Article 8.1 of the Conditions, the costs of return shipment are for the customer.
9.3 In case of dissolution, a return is only accepted if the article is properly packed, the article is undamaged and the original invoice receipt is enclosed.
9.4 Oorshop.nl will return the amount paid by the Customer within thirty days of receiving the returned article, provided that the conditions in 9.3 are met and without prejudice to the other rights of Oorshop.nl. If oorshop.nl is forced to pay the costs of return shipment, while these should be for the account of the Customer, it will offset these against the amount to be refunded.
Article 10. Orders/communication
10.1 For misunderstanding, mutilation, delay or improper transmission of orders and messages resulting from the use of Internet or other means of communication in the traffic between you and oorshop.nl, or between oorshop.nl and third parties, insofar as it relates to the relationship between you and oorshop.nl, oorshop.nl is not liable, unless and insofar as there may be intent or gross negligence of oorshop.nl.
Article 11. Warranty and liability
11.1 For each article supplied by oorshop.nl, only the warranty provided by the manufacturer of the article applies.
11.2 The contents of the website and other expressions of oorshop.nl have been compiled with the greatest possible care. Oorshop.nl can, however, give no guarantees regarding the nature, content and accuracy of the information. It is therefore not liable for any errors or omissions.
11.3 Oorshop.nl is never obliged to compensate any damage, under the agreement suffered by the customer or a third party, unless there is intent or gross negligence on the part of oorshop.nl.
11.4 If oorshop.nl for whatever reason is obliged to compensate damage, then the liability is limited to an amount equal to the invoice value of the article, which caused the damage.
Article 12. Force majeure
12.1 Without prejudice to its other rights, has oorshop.nl in case of force majeure the right, at its option, the execution of your order to suspend or terminate the agreement without judicial intervention, by informing you in writing and without oorshop.nl held to any compensation, unless under the circumstances to standards of reasonableness and fairness would be unacceptable.
12.2 Force majeure means any failure which can not be attributed to oorshop.nl, because it is not due to its fault and neither under the law, legal act or generally accepted for its account.
Article 13. Miscellaneous
13.1 If you give to oorshop.nl in writing an address, oorshop.nl is entitled to that address to send all orders, unless you give to oorshop.nl in writing another address to which your orders should be sent.
13.2 When oorshop.nl for a short or longer period whether or not implied deviations from these Terms and Conditions are allowed, does not affect its right to demand direct and strict compliance with these Terms and Conditions. You can never assert any right on the grounds that oorshop.nl applies these Conditions leniently.
13.3 If one or more of the provisions of these Conditions or any other agreement with oorshop.nl should be in conflict with any applicable legal provision, the provision concerned will cease to apply and will be replaced by a new, legally permissible similar provision.
13.4 Oorshop.nl is authorised to use third parties in the execution of your order(s).
13.5 Oorshop.nl acknowledges that electronic communication can serve as evidence. By accepting the Conditions, the customer also acknowledges this.
Article 14. Applicable law and competent court
14.1 Dutch law applies exclusively to all rights, obligations, offers, orders and agreements to which these Conditions apply, as well as to these Conditions.
14.2 All disputes between the parties shall exclusively be submitted to the competent court in Amsterdam.
This is an automatic generated translation of our General Terms and Conditions of Sale. Please see the original here