TERMS & CONDITIONS FOR INTERNET SALES|
(Adriesdolls, May 2012)
1. General / Conditions of Use
1.1 These terms & conditions for Internet sales apply to all offers, sales and deliveries of Adriesdolls established through the Internet and on all Adriesdolls contracted agreements established through the Internet, if not explicitly agreed otherwise in writing.
1.2 "Adriesdolls" as stated in these terms & conditions and elsewhere on this site refers to the firm Adriesdolls, located at Karstraat 16-a, 6851 DH in Huissen, The Netherlands. Adriesdolls is a part of V.O.F. Stoete, registered at the Chamber of Commerce (Arnhem) under no. 31013269.
1.3 The "Purchaser" as stated in these terms & conditions refers to every visitor of the website or each natural person or legal entity who has a contractual relationship with Adriesdolls.
1.4 Adriesdolls reserves the right to change, modify or update these terms & conditions from time to time without notice. Updated terms & conditions also apply to previously contracted agreements, unless such is not considered to be reasonable and fair.
1.5 Through the use of the website of Adriesdolls and/or placing an order the purchaser accepts these general terms and conditions as well as all other rights and duties as indicated on the website.
1.6 These terms & conditions may only be deviated from or added to by way of explicit agreement in writing and in which case the remaining provisions of these terms & conditions shall remain in force.
1.7 Should the purchaser refer to his own general terms & conditions, those terms & conditions do not apply unless explicitly agreed with in writing by Adriesdolls.
1.8 Should one or several articles of these terms & conditions be ruled invalid by a justice court, all remaining provisions of these terms & conditions shall remain in force. Adriesdolls and the purchaser will discuss how to create new provisions to replace those invalid or destroyed by the court ruling, taking the meaning or content of the original article into account as much as possible.
1.9 Adriesdolls is authorized to use a third party in the implementation of any agreement with the purchaser.
2. Offers and provisional agreements
2.1 All offers of Adriesdolls are without engagement. Offers or prices are to be seen as an invitation to the potential purchaser(s) to engage in a sale. Adriesdolls is in absolutely no manner bound to this, unless this has been unambiguously confirmed in writing. The acceptance of the invitation of the potential purchaser to engage in the sale is considered as an offer and leads only to a provisional agreement so long as the remaining provisions in this article has been completed. Adriesdolls is never obligated to engage in an agreement with a potential purchaser.
2.2 Offers and agreements occurring subject to the availability of the products. If the purchaser orders or has ordered a product that is not available, he will be notified when the product is expected to be available again.
2.3 An definite agreement comes about the moment an order confirmation has been sent to the purchaser by e-mail address as stated by the purchaser on the registration form.
2.4 Adriesdolls has the right to dissolve the agreement when it has sufficient grounds to fear that the purchaser will not fulfill his commitments, for example due to experiences in the past.
2.5 The purchaser and Adriesdolls explicitly agree that by use of electronic communication a valid and definite agreement comes about, as soon as the conditions in Article 2.1 and 2.3 are met. The lack of an ordinary signature does not take away from being bound by this agreement and the acceptance of it. This also applies to the electronic files of Adriesdolls that as far as the law allows counts as a presumption of proof.
2.6 Information, images, oral communications, telephonically or by means of e-mail and work-related tasks etc. with relation to all offers and the most important characteristics of the products shall be displayed as precisely as possible. Adriesdolls does not guarantee in this agreement that all the information on offers and products will be given fully. Any changes do not qualify for compensation and/or dissolution, unless the change is in such a way that the product no longer lives up to what the purchaser could reasonably have expected, in which case article 7.8 will be applied.
3. Cancellation and alteration of orders
3.1 If Adriesdolls has not yet placed an order with her suppliers or if cancellation without charge is possible, the purchaser can cancel his order by sending an email to firstname.lastname@example.org until 14 days prior to the indicated delivery date.
3.2 On request and in consultation with the purchaser, Adriesdolls can make alterations in the purchaser's order, provided it is still possible and it can reasonably be expected of Adriesdolls, which is for Adriesdolls to decide. Requested alterations are only binding on Adriesdolls if they have been explicitly accepted or confirmed in writing.
4.1 All prices on the site are "ex Warehouse" (incoterms 1990), expressed in euros (or currency selected), conforming to the legal regulations hereby, and including VAT, but excluding other levies by the government and excluding shipping costs, unless mentioned otherwise in the product related information.
4.2 If the recipient is not in the country where the shipping originates, the recipient is responsible for chargeable VAT or import duties.
4.3 Special offers are only valid for the time duration (deadline) as mentioned with the specific offer.
4.4 The purchaser is chargeable for merchandise that Adriesdolls has confirmed in accordance with article 2.3 of these terms & conditions as herein notified. Known (manipulation) mistakes in the price, such as obvious inaccuracies, can be corrected even after agreement has taken place by Adriesdolls.
4.5 Shipping charges are not included in the price. The shipping costs are mentioned on the website. Special tariffs apply to delivery outside the Netherlands. Certain conditions may apply depending on the method of payment used, the form of delivery and costs thereof. These charges are clearly communicated to the purchaser.
4.6 Adriesdolls reserves the right to change the agreed price after the establishment of a contracted agreement. If the price is higher than agreed, the purchaser has the right to dissolve the agreement. In this case, Adriesdolls is not obligated to negotiate or accept any claims for compensation. The purchaser does not have this right when has been agreed that delivery of the order will take place longer than three months after the establishment of the contracted agreement.
4.7 Adriesdolls will regularly offer products with the possibility for pre-ordering. If purchaser decides to make use of Adriesdolls offer for pre-ordering, the purchaser shall finish the transaction within 30 days of the product becoming available for instant sale. The amount paid is not transferrable and no refunds will be given when purchaser decides not to continue the purchase or does not pay the total amount due within 30 days of the product becoming available for instant sale. Purchaser will be notified by e-mail as soon as a product will become available for instant sale.
5.1 When ordering at the website, several methods of payment can be used, which is mentioned on the site. Adriesdolls may extend the methods of payment in the future. Additional methods of payment will be made known on this site as they become available.
5.2 In the case that payment by credit card is chosen then the terms & conditions of the credit card company apply. Adriesdolls has no part in the relation between the purchaser and the credit card company or the bank.
5.3 Adriesdolls has the right to set additional terms with certain payment methods concerning maximal and minimal order amounts. If this is the case, these additional terms will be published on the website.
6. Delivery and delivery times
6.1 Orders are of course delivered as swiftly as possible. Delivery periods are indicated on the website but are only to be considered as a guide and should never be considered as definite. Adriesdolls may announce additional information on delivery times on the website or in other written forms. Such information should only be seen as an indication. If the products are not delivered within 30 days from ordering, the purchaser has the right to dissolve the agreement immediately. This does not apply if Adriesdolls and the purchaser have agreed a different delivery term by e-mail or in writing. If the purchaser decides to dissolve the agreement, Adriesdolls is not obligated to negotiate or accept any claims for compensation.
6.2 Delays will be communicated to the purchaser by e-mail, telephone or in writing.
6.3 Delivery will be sent to the address given by the purchaser during the agreement process. Any additional information concerning delivery shall be made swiftly known to the purchaser.
6.4 Adriesdolls shall ensure delivery by "PostNL" parcel post or by any other manner at the discretion of Adriesdolls, at the expense of the purchaser. Delivery by parcel post or delivery in any other manner shall take place only after payment has been received for the products provided by Adriesdolls.
6.5 Adriesdolls reserves the right to split the delivery of merchandise bought. The extra cost of such a split delivery shall be borne by Adriesdolls.
6.6 If products are damaged during transport purchaser will report this to Adriesdolls in writing, or by e-mail within two working days after delivery. Adriesdolls will not accept any liability for damaged products if not reported within this term.
6.7 If the delivery of the products cannot take place due to reasons depending on the purchaser, Adriesdolls has the right to store the products at the purchaser’s costs and risk, without losing the right to receive payment of the order amount.
6.8 Special conditions may apply to deliveries abroad.
7. Exchange & right of inspection
7.1 In case of a remote order placed by a consumer, the purchaser has the right to dissolve the contracted agreement within the sight period of 7 workdays after delivery, without the obligation of giving arguments to do so.
7.2 When using the sight period and receiving a refund, the purchaser will inform Adriesdolls about this by e-mail or in writing within 7 workdays. The product(s) have to be sent to Adriesdolls undamaged and in the original, undamaged packaging within the sight period of 7 workdays. The costs of returning the products to Adriesdolls are at the expense of the purchaser. Adriesdolls is obligated to refund the ordering amount of the products within 30 days.
7.3 Limitations or exclusions of the sight period – based on the specific nature of the concerning products – will be clearly stated with the offers on the website. Always excluded from the possibility to exchange products that were fabricated according to purchaser’s specific needs or characteristics, for example goods made to order or goods which clearly have a personal nature, and services that, with the purchaser’s approval, have commenced before the end of the 7-workday sight period.
7.4 The purchaser is obliged to inspect the products thoroughly and immediately after delivery. Any damage and/or missing parts in the product(s) must be reported in writing and as soon as possible and at the latest within 14 days after delivery. Non-visible damage/missing parts must be reported within 21 days after the problem could reasonably be detected. If the purchaser is a consumer according to law, this period is 2 months after discovery of the damage or defect. When a claim is put in, Adriesdolls is obliged only to deliver the missing part(s) of the product, repair or offer a replacement of the product. Restitution of the order amount will not be given. The costs for returning the product to Adriesdolls are at the expense of the purchaser.
7.5 Claims put in for exchange will only be accepted if the purchaser has lived up to all of his obligations towards Adriesdolls, if article 7.4 has been followed, and if the damage, defects of shortage of the products are the result of a deficiency which Adriesdolls is accountable for. Deficiencies for which Adriesdolls is accountable in part of the order does not give the purchaser the right to refuse all of the ordered products. Small differences - that reasonably do not have any factual influence or are of minor importance to the utility of the products - cannot be a valid argument to refuse the order. Delivery on sample means that the products delivered by Adriesdolls should be in accordance with the sample on essential aspects. Deviations in detail therefore cannot be a reason to refuse the delivered products.
7.6 Undiminished by law and the terms stated in this document, exchanges or claims cannot be put in for a defect of the product if wear & tear can be considered as normal and in the following cases:
1. If changes have been introduced to the product, among these repair which has been performed without the authorization of Adriesdolls or the manufacturer;
2. if the original invoice cannot be submitted, has been modified or made illegible;
3. if the purchaser has sold the product to a third party;
4. if damage and/or non functioning is a consequence of the non-compliance with the written instructions or irresponsible use;
5. if damage has arisen by intent, incorrect set-up, gross carelessness or negligent maintenance.
7.7 Any complaints founded on facts that justify the proposition that the delivered product does not answer to the agreement, are only valid for a period of 1 year after notification by the purchaser to Adriesdolls, unless the purchaser is a consumer by law, in which case a period of 2 years will count.
7.8 Should the delivered product not meet the specifications as laid out in the agreement then Adriesdolls is obliged only to deliver the missing part(s) of the product, repair or offer a replacement of the product, unless repair or replacement is not possible or cannot be expected of Adriesdolls, in which case the purchaser has the right to dissolve the agreement or reduce the invoice value in accordance with the same measure as the deviation of the agreement.
8. Transferal of Property
8.1 Ownership of Property despite actual delivery, is only transferred to the purchaser after said purchaser has fulfilled the agreement with Adriesdolls in its entirety.
8.2 The purchaser may not encumber, sell, redeliver, separate or otherwise encumber (delivery of) the products, before the property is rightfully in their possession.
9. Guarantee and liability
9.1 Adriesdolls can only be held liable for damages which can be attributed towards intent or gross negligence, or which are due to circumstances that on the basis of statutory regulations are at its own risk. Adriesdolls will never be liable for damages caused by exceeded terms, loss of profits and/or consequential damages, indirect damages and loss of earnings and/or turnover.
9.2 Possible claims for damage shall be put in writing to Adriesdolls immediately after the damage has arisen.
9.3 The purchaser will never hold any employees of Adriesdolls personally liable for any caused damage.
9.4 If Adriesdolls is held responsible, for any reason whatsoever, to compensate for damage then damage compensation shall amount to a sum no higher than the invoice value of the product or service on which damage has been caused. Adriesdolls cannot be held responsible for damages outside of warehouse and/or personnel damage.
9.5 The purchaser is under the obligation to hold harmless Adriesdolls for any third-party claims against Adriesdolls with respect to the execution of the agreement, as far as the law does not stipulate otherwise than that the damages and losses concerned are at the purchaser's expense.
9.6 It is possible that Adriesdolls makes available on its website links to other websites which may be interesting or informative for the visitor. Such links are purely informative. Adriesdolls is not responsible for the content of the website which is referred or the use which may be made of it.
9.7 The stipulations in this article leave Adriesdolls legal liabilities unimpeded by virtue of statutory regulations.
10. Circumstances beyond one's control
10.1 Adriesdolls is not obliged to fulfil its obligations towards the purchaser due to circumstances beyond its control, the obligation is postponed for the duration of the circumstances respectively, at the discretion of Adriesdolls. In the case that the circumstances change, Adriesdolls has the right to change the contracted agreement in consultation with the purchaser or, if this consultation does not lead to a new agreement, to dissolve the agreement without intervention of a court of law and without having the obligation to accept any damage claims.
10.2 Circumstances beyond its control are known to be each circumstance independent of its intention, as a result of which compliance of its obligations towards the purchaser are partly or entirely prevented. These circumstances include strikes, fires, business disturbances, power failures, non- or no timely delivery by suppliers or other third parties and the absence of any licenses to be obtained via the government. Circumstances beyond its control also include failures in (telecommunications) networks or connections or applied communication systems and/or the non-availability of the internet site at any one time.
10.3 If circumstances beyond one's control as stated in this article occur at our suppliers, article 10.1 also applies.
11. Intellectual property
11.1 The purchaser recognizes explicitly all rights of intellectual property of information displayed, communications or other expressions concerning the products and/or concerning the website at Adriesdolls, its subcontractors or other claimants.
11.2 It is prohibited for the purchaser to make use of and/or introduce modifications to the intellectual property rights such as described in this article, for example duplication, without express authorisation from Adriesdolls, it's suppliers or other claimants unless this is for private use or in relation to the product itself.
12. Personal data
12.2 Adriesdolls thereby observes and applies privacy rules and relevant legislation.
13. Applicable law and competent Court
13.1 Dutch law applies exclusively on all offers and agreements.
13.2 The applicability of the Vienna Purchasing Treaty (United Nations Convention on Contracts for the International Sale of Goods) is explicitly excluded.
13.3 All disputes which may occur as a result of the agreement concerned or future agreements arising from it can only be settled at the competent Court applicable to the location of Adriesdolls. In deviation of this, Adriesdolls has the right to settle such disputes at the competent Court applicable to the location of the purchaser. Legal proceedings shall be held in Dutch.
14.1 Adriesdolls is located at (6851 DH) Huissen, Karstraat 16-a and registered at the Chamber of Commerce in Arnhem under nr. 31013269.
VAT identification number is NL807672269B01.
All correspondence concerning an agreement or these conditions are to be sent to:
6851 DH HUISSEN
14.2 Adriesdolls strives to answer incoming e-mails within 3 working days.
15. The Dutch text prevails
15.1 The Dutch text of these terms & conditions prevails above all translations of it.