Algemene voorwaarden
These General Terms and Conditions are applicable to all orders
placed through "Kerstshop.com". Please read them before ordering.
A. GENERAL PROVISIONS
The web site http://www.KerstShop.com was conceived for "Kerstshop.com" and all
rights, titles and interests in the Site are the exclusive property of
"Kerstshop.com". Copying all or any parts of the Site is prohibited without the
prior permission from "Kerstshop.com".
B. PROVISIONS GOVERNING THE ISSUANCE OF ORDERS AND CONCLUSION OF CONTRACTS
Article 1. Acceptance of General Terms and Conditions
Once a user (the "Customer") has filled out the Site order form and confirmed
the order then this will result in the full and binding acceptance of these General Terms
and Conditions which will be the only terms applicable to the contract thereby entered
into.
Article 2. Order confirmation and conclusion of contract
The Site contains at all times a commercial offering to sell certain Products, but this
shall not be construed as a legally binding permanent offer. Thus, as explained below, a
contract is only concluded when and if the order is confirmed by
"Kerstshop.com". Once the payment has been confirmed in accordance with Article
3 of these General Terms and Conditions, the order is accepted by
"Kerstshop.com". "Kerstshop.com" will confirm the acceptance of
orders. "Kerstshop.com" reserves the right not to accept payment, and therefore
not to confirm, for whatever reason, any order, including but not limited to reasons
resulting from product supply, a problem with the order received, or a problem in
completing the delivery.
Article 3. General Obligations of the parties
3.1 Obligations of "Kerstshop.com"
"Kerstshop.com" undertakes, once the order has been accepted, to sell the
products set forth on the order (the "Products") and to deliver the Products
ordered to the address indicated by the Customer.
3.2 Obligations of the Customer
The Customer shall clearly indicate the address to which the Products are to be delivered
during business hours. The Customer undertakes to pay the stated price for the
"Kerstshop.com" Product delivery (price of the Products plus transport), as well
as to pay, or have paid, directly to the carrier any additional amount that might arise
due to custom duties, value added tax or other taxes due upon import into the country
where the Products are delivered.
Article 4. Specific Provisions
4.1 Price, Invoice
The total price (the "Price") shown by "Kerstshop.com" on the order is
definitive. The Price includes: the price of the Products, handling costs, packaging and
transport. The Price will be in Euros, any amounts stated in other currencies being only
for the purposes of estimating the price in another currency. Payment will only be
accepted by Bank Credit Card. Debit cards like Switch or VISA Electron will not be
processed. Once the order has been accepted, the Customer will be charged in Euros. At the
express demand of the Customer, "Kerstshop.com" will issue an invoice. The
Customer must indicate the address where the invoice is to be sent.
4.2 Transport - Delivery - Delivery Schedule
Unless the Customer has failed to make payment for any reason, the Products will be
delivered to the address indicated within a period of four (4) to thirty (30) days (only
working days taken into account). The delivery time given to the Customer by
"Kerstshop.com" may vary depending on the country involved. In case delivery is
made and nobody is at the indicated address to accept delivery, the carrier shall leave a
note indicating that it was unsuccessful in making the delivery and that the Customer
should come to recover the Products at a location specified by the carrier.
"Kerstshop.com" will not, for any reason, be held liable for any deterioration
in the Products due to a Customer's failure to collect the Products in a timely manner.
4.3 Transfer of Risk The transfer of risk of the Products takes place when
"Kerstshop.com" gives the Products to the carrier.
4.4 Qualification upon Receipt - No returns - Limited Rights to Reimbursement /
Replacement
The Customer can only make a claim if the Products delivered do not conform with the type
or quantity ordered. The claim must be made in writing to the carrier at the time of
delivery. A copy must be sent to "Kerstshop.com" (e-mail or fax) no later than
twelve (12) hours after the claim was made. With the claim, the Customer shall supply the
carrier's confirmation of the validity of the Customer's claim. No returns of Products
will be accepted. If the above procedures are respected, and the claim is proven to be
valid due to the packaging and the Products being seriously damaged,
"Kerstshop.com" at their choice will either reimburse the Customer the Price or
replace the Products at Kerstshop.com’s expense. If the delivery is not in conformity
with the quantity ordered, "Kerstshop.com" will reimburse the difference in the
price between the Products ordered and those delivered only if those delivered are sold
for less than those ordered and paid for. No claim will be accepted with respect to the
taste, appearance or freshness of the Products.
4.5 Limited Guarantee
"Kerstshop.com" guarantees that the Products are genuine and that they have
taken all the necessary care and attention to assure they correspond to the description
that is given on the Site at the date the order was made. "Kerstshop.com"
guarantees that the Products are of good quality. The above is the only warranty given by
"Kerstshop.com". No other warranties, whether express or implied, are given. In
particular, "Kerstshop.com" does not warrant that the Products correspond to the
specific expectations of the Customer.
4.6 Liability - Limitation of Liability
The Customer is personally liable for its choice of Products and after delivery is
entirely responsible for the conservation and consumption of the Products. Also,
"Kerstshop.com" will not be held liable for not respecting any laws or
regulations in the country where the Products are delivered. "Kerstshop.com" is
only liable for complying with Dutch regulations relating to the Products. In any event,
the liability of Kerstshop.com is limited to the lesser of the following amounts: 1) the
direct damage suffered by the Customer or 2) the price of the order irrespective of the
basis on which "Kerstshop.com"'s liability may be assessed.
C. INVALIDITY - FORCE MAJEURE - APPLICABLE LAW - COMPETENT COURTS
If any one of the clauses of these General Terms and Conditions are, for whatever
reason, declared invalid or invalidated for any reason, this will not affect the
application or the validity of the other clauses. The clause declared invalid, or
invalidated, will be replaced by the disposition closest to that clause.
Neither "Kerstshop.com" nor the Customer will be held liable for any failure
to perform their obligations as a result of a force majeure beyond their control,
including but not limited to the following: war, riot, insurrection, interruption of
transport systems, problems relating to export and import, strikes, lock-out, shortage of
Products, fire, earthquakes, storms or floods.
These General Terms and Conditions are governed exclusively by Dutch law. All
litigation or disputes between the parties shall be brought only before the competent
court in the Netherlands
OUR ADDRESS
www.KerstShop.com |
