General Terms and Conditions for Consumer Sale, 01 June 2014, ("General Conditions") apply to all orders placed on the website of www.dutchsupermarket.com.
Article 1 Definitions
1. http://www.dutchsupermarket.com is a website of Certoros VOF ("Certoros"), established in Westervoort, registered in the commercial register of the Chamber of Commerce Central Gelderland Arnhem under number 09149253.
Article 2 Acceptance of the General Conditions
1. Acceptance of the General Conditions applies for each offer, order and agreement between Certoros and the client, insofar these conditions have not been changed and agreed on by both parties in writing.
2. These General Conditions are accessible to anyone on the website http://www.dutchsupermarket.com and can be requested through the website. A written copy of these General Conditions will be sent on request.
3. Any deviation on the last version of the General Conditions are valid only if this agreed explicitly in writing.
4. Certoros has the right at any time to modify these General Conditions and the content of the website.
Article 3 Offers and Tenders
1. All offers and quotations are without obligation and shall be made in any written form, in whatever form. The offer provides a date and so is the date determinable. Offers shall be made subject to availability of a product.
2. Certoros is only bound to offers and tenders if the acceptance thereof by the customer, preferably in writing, shall be made within 5 days.
3. Certoros can't be held to his offers and tenders if the customer, for terms of fairness and reasonableness of prevailing views in the civil movement, had belong to understand that the offer or quotation or any part thereof contains a manifest error or slip.
4. If the acceptance deviates (on secondary items) from the offer given, Certoros shall not be bound by it. The agreement is not in accordance with this derogatory acceptance, unless otherwise decided by Certoros.
5. Offers or tenders do not apply automatically for backorders.
6. A composite quotation Certoros obliged not to supply of a part of the offer or quotation in the understood cases against a corresponding part of the specified price.
Article 4 Order confirmation and agreement
1. After the order is received, Certoros will confirm the order within 1 business day, unless Certoros in reasonableness be unreasonable that they will fulfil the agreement with the customer.
2. Once Certoros received the order and the payment is confirmed, the order is accepted and implemented within term as stated by the product(s). If a product (temporarily) is not deliverable, then the customer receives a proposal for a replacement equivalent alternative. The customer is free to accept this alternative within a period of 5 working days. If Certoros is not informed of a choice, the product will automatically be removed from the order and overpaid funds refunded or by means of vouchers are made available to the customer, this depending on the choice of Certoros.
3. Certoros reserves the right not to accept payment made and so for whatever reason, not to confirm the order. Reasons may include: product inventory problems, upon receipt of an order or to get problems completing the order. This enumeration of reason is not exhaustive and only meant as example and closes other issues that may lead to rejection of an order.
4. The agreement contains all agreements made between the customer and Certoros and supersedes all earlier agreements, arrangements and/or agreements between the customer and Certoros.
5. The administration of Certoros applies, as evidence of the absence of proof to the contrary, by the customer to payments made and provided by Certoros and Certoros commands of deliveries. Certoros acknowledges that electronic communication can serve as evidence. By accepting these general conditions, the customer acknowledges this as well.
Article 5 Prices
1. The total amount that is on the order confirmation is final and the prices of the items ordered are incl. VAT, processing, packing materials and transport.
2. For all orders there is no minimum amount.
3. In case of delivery inside the European Union no customs charges will be levied on the goods ordered.
4. Only at the express request of the customer Certoros sends a separate invoice address as indicated to a customer.
5. Certoros has the right to change prices and any errors. When this would be at a disadvantage for the customer, the customer is notified by email and he has the right, during the 2 subsequent days to cancel his order. Certoros cannot be held liable for possible errors in its prices or conditions.
Article 6 Delivery
1. Certoros will, once the order is accepted, deliver the goods at the address and to the addressee as indicated by the customer.
2. Punishment shall only be reimbursed if the customer therefor can show port written proof.
3. For delivery outside the European Union, the customer is responsible for import duties in the country of destination. Please check with your local customs or tax office. Delivery may be delayed or take not place at all due to customs clearance in the destination country. If the customer refuses to pay the import duties and as a result the goods are destroyed, Certoros will not make any compensation or refund to the customer. Certoros has no control over this and cannot be held liable. If the customer does not pay the import duties and orders to return the goods, these goods are deemed to have been received in accordance with article 8.1. All costs and risks for returning the goods are for the customer. Only after the goods, that are not goods as mentioned in articl 11.2, have been returned a refund will be made, excluding all shipping costs and a 25% take-back fee, provided that the goods are in good conditions and have not a shorter than 30 days before usage date of the goods.
4. All costs relating to the delivery are for the account of the customer.
5. The client is obliged to receive the goods bought at the time it is made available or disposal.
6. If the customer refuses to receive the goods or fails to give the correct address or addressee necessary for the delivery, the goods intended for delivery will be returned or stored at the risk of the customer. Any additional costs for a new delivery or saving these goods will be for the account of the customer.
7. Certoros will in no way be held responsible for the delay or about a specific consumption date back from any goods if the customer was not able to retrieve them on time.
8. Any delivery time which may called by Certoros is indicative. A specified delivery time is therefore never a fatal term. Depending on the country the indicative delivery time can vary from 4 to 30 working days. Under working days means: Monday to Friday, excluding holidays. An exception to this article shall apply where this is laid down in writing by both parties and by the customer a surcharge is paid.
9. If Certoros needs data from the customer within the framework of execution of the agreement, captures the delivery time after the customer has made available for them to Certoros.
Article 7 Warranty
1. Certoros will do anything to ensure that the ordered goods are treated as carefully as possible so they comply with the description as created on the website and the time the order was placed.
2. There will be no guarantee given on goods of which it is clear that a) unusable is caused by unwise or improper use, b) when the customer or third parties have caused changes to the goods or have tried to bring this knowledge without Certoros or written confirmation, c) when the goods are not used for purposes for which it is intended.
Article 8 Receipt
1. Once the ordered goods are delivered, the customer is obliged to check that everything is correct. He/she should verify both the quality and the quantity of the goods delivered and if this is in accordance with what was agreed, at least meet the requirements in the normal trade.
2. Possible visible defects and/or shortcomings belong within 24 hours after delivery to be reported by email to Certoros through[email protected], with an indication of the number on the packing slip and a description of the error or omission. Visible defects and / or damage to the package upon delivery must be noted on the receipt.
3. A not visible defect shall, within five days after discovery, but at the latest within the warranty period (for the article common shelf) to be reported to the Certoros taking in the previous paragraph of this article. After expiration of the warranty period is Certoros entitled to charge all costs for replacement, including administration and shipping costs.
4. If the customer pursuant to the above-mentioned article has objected in time, he/she remains obliged to decrease and payment of the purchased goods. If the customer wishes to return the abovementioned goods, he/she must contact with Certoros. The goods can be returned for their own account and only if agreed in writing this Certoros.
5. If within a reasonable period (however no later than 30 days) after sending the package it has not yet arrived, the customer must ask to start an investigation. Certoros will contact the shipper for this. An investigation can again take up to 30 days and depending on the outcome, it is decided to wait for delivery, reimburse the package or resend it. If the customer does not submit a request for an investigation within the aforementioned reasonable period, Certoros can no longer be liable for the loss.
Article 9 Transfer of risk
The risk of loss or damage to the articles that are the subject of the agreement, go to the customer at the time when this legal and/or actually is delivered to the customer and thus the power of the customer or a third party designated by the customer.
Article 10 Payment
1. Payment is performed via the payment methods as described on the website of www.dutchsupermarket.com. Handling and dispatch of the ordered goods takes place after the customer has paid and the money is received by Certoros.
2. A gift certificate or coupon can be applied to the net price of the articles. Here over should still be paid the VAT and shipping costs.
3. In accordance with the Act on personal registration no information will be passed on to third parties.
4. If the customer chooses payment through bank transfer, the ordered items will be reserved for eight (8) working days. After receipt of the amount on the bank account of Certoros the relevant articles are sent to the customer. The legal validity of the purchase agreement is void if not paid within the prescribed period.
Article 11 the right to termination of the agreement
1. Within the Netherlands the customer has the right during 14 calender days to cancel the purchase without giving any reason. This should be communicated in writing to Certoros. Outside of the Netherlands this is 7 working days.
2. The above-mentioned reflection period does not apply to magazines, articles that spoil quickly, are ordered on special request and on custom work is delivered.
3. The customer may only actually terminate the purchase without giving any reason, complete, undamaged goods intentionally unused and returned in its original packaging and received by Certoros within 14 days after the goods are shipped back.
4. The customer has the optionto cancelan orderwithin 24hours, butalwaysbeforetheorder is shipped. Aftershipment of the order this is subject to Article11.1. Ifa customer decidesto cancelan orderthere is no cancellation fee applicable forthe firsttwoorders inacalendar year.From the 3rdorder in a calender yearpercancellation10EUROadministration cost will be charged.
5. In the case the customer uses his right as stated in 11.1 all the shipment costs to and from the customer will be at charge of the customer. For customers within the Netherlands the shippingcost paid during the ordering process will be paid back.
6. Within 14 days after fulfilling the obligation from 11.3 money will be returned to customer on the bankaccount as used by the customer in their ordering or via Paypal with the deduction of the costs as described in 11.5.
Article 12 Complaints
If the ordered products do not conform the expectations of the customer because of breakage, damage, or delivery of incorrect products, the customer must inform Certoros within 2 working days after receiving the goods. If Certoros receives no complaint from the customer within the above-mentioned period, each delivery shall be deemed to conform to the order.
Artikel 13 Copyrights
1. Certoros reserves all rights and privileges to which forward her on the basis of the copyright law.
2. Certoros is the owner or licensee of all copyright, data files, applications, brands and other intellectual property rights that are part of this website. The Concept, structure, layout and design are the exclusive property of Certoros.
3. The above issues were allowed to be used by the customer, then only by him/her and this will not without the prior written permission of Certoros multiplied, be brought to the notice of third parties or made public.
Article 14 Protection
1. The client indemnifies Certoros for claims by third parties relating to intellectual property rights on material or data provided by the customer, which are used in the implementation of the agreement.
2. If the customer provides information carriers, electronic files or software etc. to Certoros, he/she guarantees that the information carriers, electronic files or software are free of viruses and defects.
Article 15 Liability
1. Where goods supplied by Certoros not in the right condition, Certoros liability is limited towards the customer to what in our conditions is regulated under "guarantees".
2. If the producer of the delivered goods is liable for consequential damages, the liability of Certoros is limited to the replacement of this (or these) goods (inclusive) or refund of the purchase price.
3. The customer is personally responsible for his or her choice of articles and saving them. Certoros is not liable when damage is due to intentional, guilt and/or culpable act, or injudicious or improper use by the customer.
Article 16 Force Majeure
1. Neither Certoros nor the customer are obliged to fulfill any obligation if they be hampered as a result of circumstances which are not due to debt, and nor under the law, an act or generally accepted for their account.
2. Force Majeure shall mean in addition to the provisions in these general conditions in the law and jurisprudence, all external causes, foreseen or unforeseen, which Certoros has no influence, but which is not capable of the Certoros obligations.
3. Certoros also has the right to invoke Force Majeure if the circumstance occurrence as defined above must fulfil its obligation after Certoros had.
Article 17 Disputes
The judge in the place of Certoros shall have exclusive jurisdiction to hear actions, unless the District Court is competent. Nevertheless Certoros has the right the dispute to the judge competent according to the law.
Article 18 Applicable Law
1. On each agreement between Certoros and the customer applies exclusively Dutch law.
2. The Dutch text of these General Conditions take precedence over translations thereof.