Sales and delivery conditions DS21.eu, Almere, the Netherlands
1. General
The
following definitions apply in these terms and conditions:
-
supplier: DS21.EU.
- customer: the other party of DS21.EU.
2.
Applicability
The
conditions below apply to all quotations and agreements between
supplier and buyer, unless and insofar as otherwise agreed in
writing. Conditions set by the customer, whether or not with
reference to their own (purchase) conditions, which deviate from the
provisions herein, do not apply, unless explicitly agreed otherwise
in writing with the supplier.
3. Prices and quotes
All
offers and prices are without obligation. The supplier is only bound
after he has accepted an order in writing. If an offer is accepted by
the buyer, the supplier has the right to withdraw it within two (2)
working days after accepting the offer. Any additions and / or
changes made later as well as promises from us or our staff are only
binding if we have confirmed these in writing by an authorized
person. For deliveries for which no quotation or order confirmation
is sent, the delivery note and / or invoice is considered as order
confirmation.
4. Transport and handling costs
The
transport of all goods that are related to the assignment takes place
at the expense and risk of the buyer. Return shipments will only be
accepted by the supplier if he has given prior written permission for
this and this is done carriage paid. The supplier is entitled to
charge a surcharge for orders with a low invoice value or for complex
shipments for handling costs.
5. Delivery time
Delivery
times stated are without obligation. We accept no liability for
compensation for any damage caused by late delivery. The possible
cancellation of an order as a result of a late delivery will only be
accepted by us after mutual consultation.
6. Risk
and transfer of ownership
The
risk of loss of or damage to the goods is transferred to the buyer as
soon as the goods are loaded at the supplier for shipment. All
delivered and yet to be delivered goods remain the property of the
supplier until all claims that the supplier has or will have on the
buyer have been paid in full. As long as the ownership of the goods
has not passed to the buyer, he may not grant any rights to third
parties with regard to these goods. The buyer is obliged to store the
goods that have been delivered under retention of title, with due
care and as the recognizable property of the supplier. If the buyer
fails to meet its payment obligations, the supplier is entitled to
take back the delivered goods. The buyer is obliged to return the
unpaid goods to the supplier.
7. Complaints and liability
The
buyer must immediately check the goods upon receipt for quantity,
workmanship, size and the like. The buyer must, within 14 days after
receipt of the goods, complain in writing of noticeable deviations in
writing, failing which any claim in this regard will lapse. The
supplier guarantees the quality of the goods delivered by him. If the
goods show defects within one (1) year after delivery that have
arisen solely as a result of inadequate manufacture and / or
construction, these goods will be repaired or delivered again at the
supplier's option. The supplier is not liable for additional costs of
the buyer of any kind. If the buyer has made changes to the delivered
goods, has carried out repairs, or has not used these goods in a
normal manner and for a normal purpose, the supplier is not obliged
to guarantee.
8. Right of return
You have the right to
cancel your order up to 14 days after receipt without giving a
reason. After cancellation you have another 14 days to return your
product. You will then be credited with the full order amount. Only
the costs for return from your home to the web store are for your own
account. For the exact rates, consult the website of your carrier. If
you make use of your right of withdrawal, the product with all
supplied accessories and - if reasonably possible - in the original
condition and packaging will be returned to the entrepreneur. To
exercise this right, you can contact us via info@DS21.EU. You must
use the return form that you can also find on our website. We will
then refund the order amount due within 14 days after registering
your return, provided that the product has already been received in
good order.
9. Deposit Items
If
the buyer does not return deposit items within one (1) year, the
supplier is not obliged to credit.
10. Force majeure
If
the supplier is unable to execute the order due to force majeure, he
has the right to execute the agreement at a later time or to declare
it wholly or partially dissolved without judicial intervention. Force
majeure is in any case understood to be: strike, sickness absence,
transport problems, insufficient supply of raw materials / parts,
fire, government measures, business disruptions at suppliers as well
as suppliers' non-performance. In the event of the aforementioned
dissolution, the buyer is obliged to take possession of the goods
available under the order and to pay the purchase price
proportionally.
11. Applicable law and choice of forum
Dutch
law is applicable to all agreements to which these conditions apply
in whole or in part. Disputes, including those that are considered as
such by only one of the parties, arising from the agreements to which
these terms and conditions apply, are exclusively submitted to the
court within whose jurisdiction the supplier's office address is
located.
