Terms and Conditions

Contents

Article 1 - Definitions
Article 2 - Identity of the User
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Suspension, dissolution and premature termination of the agreement
Article 7 - Revocation, Cancellation
Article 8 - Costs in case of withdrawal
Article 9 - Exclusion of right of withdrawal
Article 10 - Force majeure
Article 11 - Payment and collection costs
Article 12 - Retention of title
Article 13 - Guarantees, research and complaints
Article 14 - Liability
Article 15 - Limitation period
Article 16 - Transfer of risk
Article 17 - Indemnity
Article 18 - Intellectual property
Article 19 - Applicable law and disputes
Article 20 - Delivery and execution
Article 21 - Complaints procedure

 

Article 1 Definitions

In these conditions the following definitions apply:

Reflection period: the period within which the Other Party can exercise its right of withdrawal;

Other Party: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the User;

Day: calendar day;

Durable data carrier: any means that enables the Other Party or User to store information that is personally addressed to him in a way that enables future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the option for the Other Party to cancel the distance contract within the cooling-off period;

User: the natural or legal person who offers products and/or services remotely to Other Parties; Distance agreement: an agreement in which, within the framework of a system organized by the User for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;

Remote communication technology: means that can be used to conclude an agreement, without the Other Party and User being together in the same room at the same time.

 

Article 2 Identity of the User

Zara of Ireland

Scheidingstraat 104,5654 AA Eindhoven

The Netherlands

E-mail address: info@zaravfashion.nl
Phone number: 06 31059678
Chamber of Commerce number:
VAT number:

 

Article 3 Applicability

  1. These conditions apply to every offer and to every distance contract concluded between Summa College, hereinafter referred to as: “User”, and the Other Party to which the User has declared these conditions applicable, insofar as these conditions have not been expressly agreed upon by the parties. has been waived in writing.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Other Party. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the User and that they will be sent free of charge as soon as possible at the request of the Other Party.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the Other Party electronically in such a way that it can be read by the Other Party can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the Other Party.
  4. The present conditions also apply to agreements with the User, for the execution of which the User must involve third parties.
  5. These general terms and conditions have also been written for the User's employees and its management.
  6. The applicability of any purchasing or other conditions of the Other Party is expressly rejected.
  7. If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, the remainder of these general terms and conditions will remain fully applicable. The User and the Other Party will then enter into consultations in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and scope of the original provisions are taken into account as much as possible.
  8. If there is uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be made 'in the spirit' of these provisions.
  9. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
  10. If the User does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the User would to any extent lose the right to demand strict compliance with the provisions of these conditions in other cases.

 

 

 

Article 4 The offer

  1. All quotations and offers from the User are without obligation, unless a term for acceptance is stated in the quotation. A quotation or offer will lapse if the product to which the quotation or offer relates is no longer available in the meantime.
  2. The User cannot be held to its quotations or offers if the Other Party can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or error.
  3. The prices stated in a quotation or offer include VAT and other government levies as well as any costs to be incurred in the context of the agreement, including shipping and administration costs, unless stated otherwise.
  4. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Other Party. If the User uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the User. All quotations, photos, product specifications and prices on one of the User's websites are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.
  5. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, the User is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the User indicates otherwise.
  6. A composite quotation does not oblige the User to carry out part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
  7. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

 

Article 5 The agreement

  1. The agreement between User and the Other Party is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing. The agreement is concluded at the time of acceptance by the Other Party of the offer and compliance with the conditions set.
  2. If the Other Party has accepted the offer electronically, the User will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the User, the Other Party can terminate the agreement.
  3. If the agreement is concluded electronically, the User will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the Other Party can pay electronically, the User will take appropriate security measures.
  4. The User can - within legal frameworks - inquire whether the Other Party can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the User has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. If a term has been agreed or specified for the completion of certain work or for the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the Other Party must therefore give User notice of default in writing. The user must be offered a reasonable period to still implement the agreement.
  6. User has the right to have certain work carried out by third parties.
  7. The User is entitled to execute the agreement in different phases and to invoice the part thus executed separately.
  8. If the agreement is executed in phases, the User can suspend the execution of those parts that belong to a subsequent phase until the Other Party has approved the results of the preceding phase in writing.
  9. If the User requires information from the Other Party for the execution of the agreement, the execution period will not commence until the Other Party has made it correctly and completely available to the User.
  10. If during the execution of the agreement it appears that it is necessary to change or supplement it for its proper execution, the parties will adjust the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Other Party, the competent authorities, etc., is changed and the agreement is therefore changed in qualitative and/or quantitative terms, this may have consequences. for what was originally agreed. As a result, the originally agreed amount can be increased or decreased. The User will provide a price quote in advance as much as possible. The originally stated term of execution may be changed by an amendment to the agreement. The Other Party accepts the possibility of changing the agreement, including the change in price and term of execution.
  11. If the agreement is amended, including a supplement, the User is entitled to implement it only after approval has been given by the authorized person within the User and the Other Party has agreed to the price and other conditions stated for the implementation, including including the time to be determined at which time it will be implemented. Failure to execute the amended agreement or to do so immediately does not constitute a breach of contract on the part of the User and is no reason for the Other Party to terminate the agreement.
  12. Without being in default, the User can refuse a request to change the agreement if this could have consequences in qualitative and/or quantitative terms, for example for the work to be carried out or goods to be delivered in that context.
  13. If the Other Party fails to properly fulfill its obligations to the User, the Other Party is liable for all damage (including costs) to the User caused directly or indirectly by this.
  14. If the User agrees on a certain price when concluding the agreement, the User is nevertheless entitled to increase the price under the following circumstances, even if the price was not originally stated with reservation.
    • If the price increase is the result of a change to the agreement;
    • if the price increase results from a power vested in the User or an obligation incumbent on the User under the law;
    • In other cases, on the understanding that the Other Party who is not acting in the exercise of a profession or business is entitled to terminate the agreement by a written statement if the price increase amounts to more than 10% and takes place within three months after the conclusion of the agreement. the agreement, unless the User is still prepared to execute the agreement on the basis of what was originally agreed, or if it is stipulated that delivery will take place more than three months after the purchase.

 

 

Article 6 Suspension, dissolution and premature termination of the agreement

  1. The User is entitled to suspend the fulfillment of the obligations or to terminate the agreement immediately and with immediate effect if:
    1. the Other Party does not fulfill its obligations under the agreement, does not do so fully or does not do so on time;
    2. After concluding the agreement, the User becomes aware of circumstances that give good reason to fear that the Other Party will not fulfill its obligations;
    3. the Other Party was requested to provide security for the fulfillment of its obligations under the agreement when concluding the agreement and this security is not provided or is insufficient;
    4. due to the delay on the part of the Other Party, the User can no longer be expected to fulfill the agreement under the originally agreed conditions;
    5. circumstances arise that are of such a nature that compliance with the agreement is impossible or that the User cannot reasonably be expected to maintain the agreement unchanged.
  2. If the termination is attributable to the Other Party, the User is entitled to compensation for the damage, including the costs, arising directly and indirectly as a result.
  3. If the agreement is dissolved, the User's claims on the Other Party are immediately due and payable. If the User suspends the fulfillment of the obligations, he retains his rights under the law and the agreement.
  4. If the User decides to suspend or dissolve on the grounds referred to in this article, he is in no way obliged to compensate or indemnify any damage or costs incurred as a result thereof, while the Other Party, by reason of breach of contract, is liable to compensation or damages is mandatory.
  5. If the agreement is terminated prematurely by the User, the User will, in consultation with the Other Party, ensure that any work still to be performed is transferred to third parties. This unless the termination is attributable to the Other Party. Unless the premature termination is attributable to the User, the costs for transfer will be charged to the Other Party. The User will inform the Other Party in advance as much as possible of the extent of these costs. The Other Party is obliged to pay these costs within the period specified by the User, unless the User indicates otherwise.
  6. In the event of liquidation, (application for) suspension of payments or bankruptcy, seizure - if and insofar as the seizure has not been lifted within three months - at the expense of the Other Party, debt restructuring or any other circumstance as a result of which the Other Party can no longer freely has access to his assets, the User is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on his part to pay any damages or compensation. In that case, the User's claims against the Other Party are immediately due and payable.
  7. If the Other Party cancels a placed order in whole or in part, the Other Party will be charged in full for the items ordered or prepared for this purpose, plus any supply, removal and delivery costs thereof and the working time reserved for the execution of the agreement. .
  8. User must have an order delivered within 30 days. If the user has not complied with this, the Other Party may cancel the purchase agreement completely free of charge.

 

 

Article 7 Revocation, Cancellation

You have the right to withdraw from the agreement within 30 days without giving reasons.

The withdrawal period expires 30 days after the day on which you or a third party designated by you, who is not the carrier, acquires physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Zara van Ireland, Scheidingstraat 104, 5654 AA, Eindhoven – Netherlands, info@zaravfashion.nl) by an unequivocal statement (e.g. in writing by post or e-mail) of your decision to withdraw from the contract. To comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of the revocation

If you revoke the agreement in its entirety, you will receive all payments you have made up to that time, including delivery costs (with the exception of any additional costs resulting from your choice of a different method of delivery than the cheapest standard delivery offered by us). ) back from us without delay and in any case no later than 14 days after we have been informed of your decision to withdraw from the agreement. We will refund you using the same payment method you used for the original transaction, unless you have expressly agreed otherwise; in any case, you will not be charged any fees for such reimbursement.

We may wait with reimbursement until we have received the goods back or you have demonstrated that you have returned the goods, whichever comes first.

You must return or hand over the goods to us without delay, but in any case no later than 30 days after the day on which you communicate your decision to withdraw from the contract to us. You are on time if you return the goods before the 30-day period has expired.

The direct costs for returning the goods are at your expense.

You are liable for any diminished value of the goods resulting from use of the goods that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.

 

Article 8 Costs in case of withdrawal

  1. If the Other Party exercises its right of withdrawal, a maximum of the direct costs of return will be borne by the Other Party. The other party must take into account that the costs of return for packages that deviate from the permitted dimensions of regular mail from the carrier of their choice may increase significantly. The other party is advised to clearly inform the carrier of its choice in advance.
  2. If the Other Party has paid an amount, the User will repay this amount as soon as possible, but no later than 14 days after cancellation, using the same payment method with which the Other Party paid. Summa College may wait with reimbursement until THOM SALES BV has received the goods back or the consumer has demonstrated that the goods have been delivered to THOM SALES BV, whichever comes first. There are no costs associated with this for the other party.

 

Article 9 Exclusion of right of withdrawal

  1. The User can exclude the Other Party's right of withdrawal to the extent provided in paragraph 2. The exclusion of the right of withdrawal only applies if the User has clearly stated this in the offer, at least in time before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. that have been created by the User in accordance with specifications and personal wishes of the Other Party;
    2. that are clearly personal in nature;
    3. which by their nature cannot be returned;
    4. products that, by their nature, are irreversibly mixed with other items after delivery;
    5. that can spoil or age quickly;
    6. the price of which is subject to fluctuations in the financial market over which the User has no influence;
    7. for individual newspapers and magazines;
    8. for audio and video recordings and computer software of which the Other Party has broken the seal.

Are you not only purchasing a product, but also an additional service such as making ready for use and customizing products including bicycles, fitness equipment or other products on your behalf, as well as mounting additional parts and/or accessories on the bicycle, of which these matters have been created in accordance with specifications of the buyer's personal wishes, then the costs for this service will not be reimbursed.

 

Article 10 Force majeure

  1. The User is not obliged to fulfill any obligation towards the Other Party if he is prevented from doing so as a result of a circumstance that is not attributable to his fault, and which is not his responsibility under the law, a legal act or generally accepted views.
  2. In these general terms and conditions, force majeure means, in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, over which the User has no influence, but as a result of which the User is unable to fulfill his obligations . The User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the User should have fulfilled his obligation.
  3. User can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to terminate the agreement, without obligation to compensate the other party for damages.
  4. If, at the time of the occurrence of force majeure, the User has already partially fulfilled his obligations under the agreement or will be able to fulfill them, and independent value is attached to the fulfilled or yet to be fulfilled part, the User is entitled to separate the already fulfilled or to be fulfilled part. to invoice. The Other Party is obliged to pay this invoice as if it were a separate agreement.

 

Article 11 Payment and collection costs

  1. Payment must be made in advance before shipment, in a manner to be specified by the User in the currency in which the invoice was issued, unless otherwise indicated in writing by the User. User is entitled to invoice periodically.
  2. If the Other Party fails to pay an invoice on time, the Other Party is legally in default. The Other Party will then owe interest. In the case of a customer purchase, the interest is equal to the statutory interest. In other cases, the Other Party owes interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due will be calculated from the moment that the Other Party is in default until the moment of payment of the full amount due.
  3. The User has the right to have payments made by the Other Party firstly deducted from the costs, then from the accrued interest and finally from the principal sum and the current interest.
  4. The User may, without being in default, refuse an offer of payment if the Other Party designates a different order for the allocation of payment. The User may refuse full repayment of the principal amount if the outstanding and ongoing interest and collection costs are not also paid.
  5. Objections to the amount of an invoice do not suspend the payment obligation.
  6. If the Other Party is in default or in default in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party. The extrajudicial costs are calculated on the basis of what is customary in Dutch debt collection practice at that time, currently the calculation method according to Rapport Voorwerk II. However, if the User has incurred higher collection costs that were reasonably necessary, the actual costs incurred are eligible for reimbursement. Any judicial and enforcement costs incurred will also be recovered from the Other Party. The Other Party also owes interest on the collection costs owed.

 

Article 12 Retention of title

  1. All goods delivered by the User in the context of the agreement remain the property of the User until the Other Party has properly fulfilled all obligations under the agreement(s) concluded with the User.
  2. Goods supplied by the User, which are subject to retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The Other Party is not authorized to pledge or encumber in any other way the items falling under the retention of title.
  3. The Other Party must always do everything that can reasonably be expected of it to safeguard the User's ownership rights.
  4. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Other Party is obliged to immediately inform the User of this.
  5. The Other Party undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to the User for inspection upon first request. In the event of any insurance payment, the User is entitled to these payments. To the extent necessary, the Other Party undertakes in advance to the User to cooperate in everything that may (prove to) be necessary or desirable in that context.
  6. In the event that the User wishes to exercise his ownership rights referred to in this article, the Other Party gives in advance unconditional and irrevocable permission to the User and third parties to be designated by the User to enter all those places where the User's property is located and to return those items. to take.

 

Article 13 Guarantees, research and complaints

  1. The goods to be delivered by the User meet the usual requirements and standards that can reasonably be imposed on them at the time of delivery and for which they are intended for normal use in the Netherlands. The warranty mentioned in this article applies to items intended for use within the Netherlands. When used outside the Netherlands, the Other Party must verify whether it is suitable for use there and whether it meets the conditions set. In that case, the User may impose other warranty and other conditions with regard to the goods to be delivered or work to be carried out.
  2. The warranty referred to in paragraph 1 of this article applies to the bicycle for a period of 10 years on the frame and front fork, a 5-year warranty on the paintwork against rust from the inside and a 1-year warranty on the parts, except for the tires after delivery. , unless the nature of the delivered goods dictates otherwise or the parties have agreed otherwise. If the warranty provided by the User concerns an item that was produced by a third party, the warranty is limited to that provided by the manufacturer of the item, unless stated otherwise. After the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Other Party.
  3. Any form of warranty will lapse if a defect has arisen as a result of or results from improper or improper use thereof or use after the expiry date, incorrect storage or maintenance thereof by the Other Party and/or by third parties when, without written permission from the User, the Other Party or third parties have made or attempted to make changes to the item, other items have been attached to it that do not need to be attached to it or if they have been processed or processed in a manner other than the prescribed manner. The Other Party is also not entitled to a warranty if the defect is caused by or is the result of circumstances over which the User has no influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures), etc.
  4. The Other Party can no longer rely on the fact that what has been delivered does not comply with the agreement if he does not inform the seller of this within a reasonable time after he has discovered this or reasonably should have discovered this. The Other Party must investigate whether the quality and/or quantity of the delivered goods corresponds to what was agreed and meets the requirements that the parties have agreed in this regard. Any defects must be reported to the User upon delivery within a reasonable time after discovery, with notification being timely within a period of two months after delivery. The notification must contain as detailed a description as possible of the defect, so that the User is able to respond adequately. The Other Party must give the User the opportunity to investigate a complaint or have it investigated.
  5. If the Other Party complains in a timely manner, this will not suspend its payment obligation. In that case, the Other Party also remains obliged to purchase and pay for the goods otherwise ordered, unless they have no independent value.
  6. If a defect is reported later, the Other Party is no longer entitled to repair, replacement or compensation, unless a longer period arises from the nature of the item or the other circumstances of the case.
  7. If it is established that the delivered item does not comply with the agreement or an item is defective and a complaint has been made in this regard in a timely manner, the User will return the defective item within a reasonable period of time after receipt thereof or, if return is not reasonably possible, written notification of the defect. by the Other Party, at the User's option, to deliver the missing item, to replace it or to arrange for its repair or to pay replacement compensation for this to the Other Party, provided that the seller can reasonably comply with this. In the event of replacement, the Other Party is obliged to return the replaced item to the User and to provide the User with ownership thereof, unless the User indicates otherwise. The costs of fulfilling the obligations referred to in paragraph 7 cannot be charged to the buyer.
  8. The seller is obliged, partly taking into account the nature of the item and the special use of the item provided for in the agreement, to fulfill its obligations referred to in paragraph 7 within a reasonable period and without serious inconvenience to the buyer.
  9. In the event of a sale to the Other Parties, the buyer, notwithstanding paragraph 7, is only entitled to repair or replace the delivered item if repair or replacement is impossible and cannot be required of the User.
  10. Repair or replacement cannot be required from the User in the case of a Other Party purchase if the costs thereof are not in proportion to the costs of exercising another right or claim to which the buyer is entitled, given the value of the item if it complies with the agreement. would answer, the degree of deviation from what was agreed and the question whether the exercise of another right or claim will not cause serious inconvenience to the Other Party.
  11. If it is established that a complaint is unfounded, the costs incurred as a result, including the research costs incurred by the User, will be fully borne by the Other Party.

 

 

 

Article 14 Liability

  1. If the User is liable, this liability is limited to what is regulated in this provision.
  2. The User is not liable for damage of any nature whatsoever caused by the User relying on incorrect and/or incomplete information provided by or on behalf of the Other Party.
  3. User is only liable for direct damage.
  4. Direct damage is exclusively understood to mean:
    • the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;
    • any reasonable costs incurred to ensure that the User's defective performance complies with the agreement, insofar as these can be attributed to the User;
    • reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
  5. The user is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business or other stagnation. In the case of customer purchases, this limitation does not extend beyond that permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
  6. If the User is liable for any damage, the User's liability is limited to a maximum of the invoice value of the order, or at least to that part of the order to which the liability relates.
  7. The User's liability is in any case always limited to the amount of the payment from its insurer, as the case may be.
  8. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the User or his managerial subordinates.

 

Article 15 Limitation period

  1. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the User and third parties involved by the User in the execution of an agreement is one year.
  2. The provisions of paragraph 1 do not apply to legal claims and defenses that are based on facts that would justify the assertion that the delivered item does not comply with the agreement. Such claims and defenses expire two years after the Other Party has notified the User of such non-conformity.

 

Article 16 Transfer of risk

  1. The risk of loss, damage or depreciation passes to the Other Party at the time when items are brought under the control of the Other Party.

 

 

Article 17 Indemnity

  1. The Other Party indemnifies the User against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than the User.
  2. If the User is held liable by third parties for this reason, the Other Party is obliged to assist the User both extrajudicially and in court and to immediately do everything that may be expected of him in that case. If the Other Party fails to take adequate measures, the User is entitled to do so himself, without notice of default. All costs and damage incurred by the User and third parties as a result are entirely at the expense and risk of the Other Party.

 

Article 18 Intellectual property

  1. The User reserves the rights and powers that accrue to him under the Copyright Act and other intellectual laws and regulations. The User has the right to use the knowledge gained through the execution of an agreement for other purposes, as long as no strictly confidential information of the Other Party is made known to third parties.

 

Article 19 Applicable law and disputes

  1. All legal relationships to which the User is a party are exclusively governed by Dutch law, even if an obligation is fully or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
  2. Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.

 

Article 20 Delivery and execution

  1. The User will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the Other Party has made known to the company.
  3. The user will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Other Party will be notified of this no later than 30 days after placing the order. In that case, the Other Party has the right to terminate the agreement without costs and is entitled to any compensation.
  4. In the event of dissolution in accordance with the previous paragraph, the User will repay the amount paid by the Other Party as soon as possible, but no later than within 14 days after dissolution.
  5. If delivery of an ordered product proves impossible, the User will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are not borne by the Other Party.
  6. The risk of damage and/or loss of products rests with the User until the moment of delivery to the Other Party or a representative designated in advance and made known to the User, unless expressly agreed otherwise.

 

Article 21 Complaints procedure

  1. The User has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the User within a reasonable time, fully and clearly described, after the Other Party has discovered the defects.
  3. Complaints submitted to the User will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the User will respond within 14 days with an acknowledgment of receipt and an indication of when the Other Party can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.