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General Terms and Conditions

9General Terms and Conditions of Karnevalswierts Webshop BV

 

Use of the website is subject to the following provisions:

 

1.      All information on this website is protected by the Dutch Copyright Act and/or Databases (Legal Protection) Act, unless stipulated otherwise by law. Information and products supplied via the website may not be reproduced, stored in a computerised database or made public in any form or in any manner, whether electronically, mechanically, in the form of photocopies or otherwise, unless the prior written consent of “Karnevalswierts Webshop B.V.” has been obtained. Insofar as copies may be made pursuant to art. 16h to 16 m of the Dutch Copyright Act 1912 in conjunction with the Decree of 27 November 2002, Bulletin of Acts and Decrees 575, the fee payable by law for this must be paid to Stichting Reprorecht (Dutch Publishing Rights Organisation) in Hoofddorp (Postbus 3060, 2130 KB).

2.      The website treats information provided by the user as confidential. Information submitted by the user when placing an order with Karnevalswierts Webshop B.V. may be included in a personal data register as defined in the applicable legislation. If the user discovers that information relating to him is not correct, he must notify Karnevalswierts Webshop B.V. of this.

3.      Karnevalswierts Webshop B.V. will treat the user's personal data as confidential and will use this only for its own administration. This personal data will not be made available to third parties.

4.      The total liability of Karnevalswierts Webshop B.V. on account of failure to carry out any performance is – without prejudice to the above – at all times limited to compensation for the direct loss or damage up to an amount equal to the price stipulated for the performance.

5.      Access to the website is granted on a strictly personal basis. A login name, password and/or other means of identification may only be used by the natural person who first registered this information, and solely for his own use of this website. The user is not permitted to use the product information offered via the website in such a way that this leads or may lead to any form of exploitation – commercial or otherwise – of these products or any part thereof by the user or a third party.

6.      Additional terms and conditions of Karnevalswierts Webshop B.V. may apply to the use of products offered via the website, even if these are accessible free of charge.

7.      The General Terms and Conditions of Karnevalswierts Webshop B.V. apply to products of Der Karnevalswierts B.V. These are given below.


Online Dispute Resolution:
The European Commission provides a platform for online dispute resolution ( OS ). It can be found here: http://ec.europa.eu/consumers/odr.

 

 

General Terms and Conditions of Karnevalswierts Webshop B.V.

 

Filed at the Office of the Court in Maastricht on february 1, 2007. filing number 4/2007 AL

 


CONTENTS

 

  1. General provisions

 

A.1   Definitions

A.2   Applicability

A.3   Offer, order and conclusion of the agreement

A.4   Distance selling

A.5   Prices and rates

A.6   Invoicing and payment

A.7   Delivery and delivery period

A.8   Force majeure

A.9   Complaints and claims; returns

A.10 Retention of title and risk

A.11 Intellectual and industrial property rights

A.12 Personal data

A.13 Liability of Karnevalswierts Webshop B.V. and indemnity

A.14 Termination of the agreement

A.15 Applicable law and disputes

A.16 Miscellaneous

 

A.                   General provisions

 

A.1.1                    In these terms and conditions, the following terms will have the meanings given below:

 

Supplier: The private company with limited liability Karnevalswierts Webshop B.V., with registered office and principal place of business at Heliumstraat no. 10 in 6422 PK  Heerlen.

 

Customer: The person who has concluded an agreement directly with Karnevalswierts Webshop B.V. as referred to in these terms and conditions for the delivery of or to place an order for goods and/or electronic products.

 

A.1.2                     In writing is to be understood to mean: by letter, by fax or by electronic means.

 

A.2            Applicability

 

A.2.1                     These general terms and conditions apply to all offers of the supplier and to all current and future agreements between the supplier and the customer.

 

A.2.2                     Supplementary and/or deviating terms and conditions of the customer are rejected, unless the supplier has explicitly accepted these in writing.

 

A.2.3                     Should these general terms and conditions be amended, the amended version will form part of any agreement between the supplier and the customer concluded after the time at which the change comes into force.

 

A.3            Offer, order and conclusion of the agreement

 

A.3.1                     All offers of the supplier are entirely without obligation, unless explicitly stipulated otherwise in writing. Should a quotation or offer of the supplier contain an offer without obligation and this offer is accepted by the customer, the customer will, when making a purchase in the store and/or branch, have 14 days within which to exchange the goods and/or products. On request, the customer will be given a credit note for the purchase price. The credit note may not be exchanged for cash.

 

A.3.2                     When making a purchase via the webshop of the supplier, the customer may return the goods and/or products within 14 days, without giving any reason. The customer must pay the shipping costs (see A.4).

 

A.3.3                     The agreement between the supplier and the customer will come into effect as a result of an order being placed in writing or verbally (by telephone). By placing a written or verbal order, the customer accepts the general terms and conditions.

 

A.3.4                    The acceptance by the supplier referred to in the previous subclause may take place via any means of communication. This also applies if the customer has placed the order by means of electronic communication.

 

A.3.5                     The supplier is not in any way obliged to make means available to the customer for detecting or correcting input errors by the customer. The content of the order placed by the customer as received by the publisher is deemed to be correct. Input errors and other mistakes made when placing the order are for the account and risk of the customer.

 

A.4            Distance selling

 

A.4.1                     If and insofar as the customer is a natural person not acting in the course of a profession or business and the purchase falls under distance selling as referred to in article 46a et seq, Book 7 of the Dutch Civil Code, the provisions of this clause A.4 will also apply.

 

A.4.1.2      Registration

 

The supplier will register the customer's data free of charge. Any liability of the supplier for the registration of such data is excluded. A copy of a valid identity document may be requested by the supplier. To be registered with the supplier, the customer must truthfully complete the electronic order form on the website www.karnevalswierts.com and email this to the supplier. When placing an order, the customer chooses a personal user name and password. The user name must not violate the provisions of the law regarding names and/or trademarks. The customer must keep his password secret. The customer declares that he is not bound or obligated in any way as a result of his registration other than to accept these general terms and conditions.  The customer may delete his registration at any time. Changes to personal details must be made by the customer himself and the customer himself is responsible for these.

 

A.4.1.3

 

(1)             Choosing a product. The customer may also select and order products via the website. The product is clearly described and can be ordered to size. The customer may be asked to give his height and weight.

 

(2)             By clicking on the ordered product on the website, the customer can place this in his virtual “basket”. The total price including VAT will be displayed at the end of the order.

 

(3)             Before the final order is placed, the customer will be asked whether the quantity and price are correct and to confirm this.

 

A.4.2                     Contrary to the provisions of clauses A.9.1 and A.9.2, the customer is entitled to cancel the distance purchase within 14 days of receipt of the goods delivered by the supplier, without giving any reason. This right to cancel must be exercised by means of a written notification sent to the supplier, which must reach the supplier within the period given in the previous sentence. Products purchased via the Webshop may only be returned to the following addresses:
Karnevalswierts Webshop BV, Heliumstraat 10 in 6422 PK  Heerlen, Nederland
or
Karnevalswierts Webshop BV, Abt. Versanddepot Deutschland, Otto-Hahn-Strasse 17, 50997 Köln-Godorf, Deutschland

Products purchased via our Webshop may not be exchanged at or returned to our branches.

 

A.4.3                     In the case described in A.4.2, the consumer must return the delivered goods with sound packaging and must also provide the original despatch documents. If the consumer is employing his rights to cancellation then he only has to pay the return postage costs. If the consumer has based an appeal on his so-called cancellation rights, then he can claim a refund (without shipping). Karnevalswierts Webshop BV will pay the amount back within 14 days.

 

A.4.4                     The right to cancel (see A.4.2.) does not apply to the following kind of contracts:

  • Contracts for the supply of goods that are made to the costumer’s specifications or are clearly personalised (such as fabrics, marabou & sewing accessories sold per meter).
  • Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

 

A.4.5                     Deliveries by the supplier are subject to the provisions of clause A.7, with the exclusion of the provisions of article 46f Book 7 of the Dutch Civil Code.

Electronic orders placed by customers from EU Member States will be deemed to have been placed with the supplier, Karnevalswierts Webshop B.V., with registered office in the Netherlands at Heliumstraat no. 10 in 6422 PK  Heerlen. The agreement is subject to Dutch law pursuant to the Vienna Sales Convention (CISG), in view of the provisions of article 1, paragraph 1 opening words under a., in conjunction with article 3 paragraph 1. Dutch law is also applicable pursuant to article 3 paragraph 1 and article 4 paragraphs 1 and 2 of the Convention on the Law applicable to Contractual Obligations.

 

A.4.6                     The agreement in electronic form will come into effect by means of a confirmation by the supplier, in accordance with articles 6:231 to 6:247 of the Dutch Civil Code.

 

A.4.7                     On entering into the agreement, the supplier and customer agree that Dutch law will apply and that the Maastricht court will be competent to hear disputes relating to the agreement.

 

A.5            Prices and rates

 

A.5.1                     Goods are sold, delivered and made available at the prices charged by the supplier at the time of the conclusion of the agreement.

 

A.5.2                     Unless expressly agreed otherwise with the customer in writing, the prices charged by the supplier are inclusive of turnover tax and any other levies imposed by the government and exclusive of shipping costs.

 

A.5.3                     The supplier reserves the right to alter the prices. Barring other agreements, amended prices will apply as from the time at which these are introduced.

 

A.5.4                     Should the price be increased, the supplier will notify the customer of this insofar as this is reasonably possible. If the customer cannot agree to the price increase announced by the supplier, the customer is entitled to dissolve the agreement concluded with the supplier by sending a written extrajudicial declaration to the supplier. Should the supplier not have received such a declaration within 30 days of receipt by the customer of the notification about the price increase, or at least within 30 days of the time at which the customer could reasonably have taken note of the price increase, the customer will be deemed to have agreed to the price increase.

 

A.5.5                    The supplier is not liable for errors in any offers via the Webshop, catalogue or other promotional offers.

 

A.5.6                     The shipping costs are depending on the country. The supplier is entitled to change these costs unilaterally, if the cost of shipping increases or decreases. The minimum order amount is €10.00 per purchase. Pay on delivery cost 5 Euro additional to shipping costs.

 

A.5.7                     The customer will be issued with an invoice, which will be handed over when the goods are delivered. The purchase price is paid in full when the order is placed. The order must be paid for immediately by credit or debit card (no additional charge is levied for this). Payment on delivery: You pay the total cost cash of your order when it is delivered with UPS.

 

A.5.8                     The goods or products will remain the property of the supplier after payment has been made. The customer will become the owner of the products or goods once delivery has actually been made, that is, once the UPS employee has handed the order over to the customer or to the person authorised to take delivery of the order on behalf of the customer. The risk in respect of the goods or products will pass to the customer at the same time as this actual and legal transfer of ownership.

 

 

A.6            Invoicing and payment

 

A.6.1                     Unless the express written consent of the supplier has been obtained, the customer may not set off his payment obligations vis-à-vis the publisher against claims the customer has against the supplier for whatever reason.

 

A.6.2                     The supplier is entitled to demand payment in advance, cash payment or security for the payment of the customer at any time.

 

A.6.3                     In the event of non-payment, the customer will be in default without notice of default being required and the supplier will be entitled to charge the statutory interest as from the due date of the invoice.

 

A.6.4                     Should the customer fail to make payment or fail to pay on time, the customer will also owe the supplier extrajudicial costs, which will be calculated on the basis of Recommendation II of the Voorwerk 2 report (report on extrajudicial costs from the Netherlands Association for Jurisprudence), without prejudice to the supplier's right to charge the customer the actual costs incurred and any judicial costs, should these exceed the amount calculated in this way.

 

A.6.5                     Should the customer fail to make payment or fail to pay on time, or should the customer fail to properly fulfil any obligation incumbent upon him, the supplier will be entitled to dissolve the agreement without judicial intervention and to cease any further delivery, without prejudice to the right of the supplier to demand fulfilment or compensation for the loss or damage suffered as a result of the dissolution of the agreement, from the customer.

 

A.7            Delivery and delivery periods

 

A.7.1                     The supplier will deliver the goods and/or products as quickly as possible after receipt of the order for such goods and/or products. The supplier will deliver the goods and/or products if the ordered goods (the ordered products) are in stock.

 

A.7.2                     According to the “mail order law” the supplier must deliver within 30 days. If this does not happen the consumer can annul the purchase immediately without charge.

 

A.7.3                     The supplier is entitled to suspend the fulfilment of its obligations vis-à-vis the customer for so long as the customer has not fulfilled all his payment obligations arising from any legal relationship with the supplier. This suspension will apply until the customer has fulfilled his obligations vis-à-vis the supplier in full. Should unforeseen events, including strikes, government measures, disasters, delays and unforeseen machine failures, occur, the supplier will be entitled to extend the delivery period by at least the period during which these circumstances continue to exist. The supplier may dissolve the agreement.

 

A.8            Force majeure

 

A.8.1                     Force majeure is to be understood to mean any failure to execute the agreement which cannot be attributed to the supplier or customer since it is not due to fault on the part of the supplier or customer and the customer is not accountable for this by law, by juristic act or according to generally accepted standards.

 

A.8.2                     In the event of temporary force majeure, including where the goods/products ordered by the customer are temporarily out of stock, the supplier is entitled to extend the envisaged delivery period by the period during which the situation of force majeure lasts.

 

A.8.3                     In the event of permanent force majeure, which is to be understood to mean circumstances beyond the control of the supplier and customer and over which the supplier and customer cannot reasonably be expected to exert any control, and which make it impossible to deliver the goods or make these available, including where the goods purchased have been sold out, the supplier or the customer will be entitled to dissolve the agreement without judicial intervention. In the event of force majeure, the customer cannot claim any compensation for the loss suffered by him from the supplier, without prejudice to the provisions of article 6:78 of the Dutch Civil Code.

 

 

A.9            Complaints and claims

 

A.9.1                     Unless agreed otherwise, the customer must submit complaints about the goods or products delivered or made available within ten working days of the goods or products having been delivered or made available, or at least within a reasonable period of having discovered a defect, in writing and with a clear description of the complaint. Should the customer fail to submit such a notification, any claim against the supplier in respect of defects in the goods or products delivered or made available will lapse.

 

A.9.2                     Unless agreed otherwise, the customer is only entitled to return goods or products to the supplier if damaged goods or products and/or goods or products other than those ordered have been delivered or made available to him.

 

A.9.3                     The customer is obliged to return the goods or products, including the original shipping documents and/or original address label, properly packaged to Karnevalswierts Webshop B.V., Heliumstraat no. 10 in 6422 PK Heerlen and must give the reasons for the return in writing when returning the goods, unless expressly agreed otherwise. After receiving these returned goods or products, the supplier will, if it believes that returning the goods or products was justified, deliver or make available a further set of the goods or products ordered by the customer as quickly as possible, with a target delivery period of 20 days. A return shipment from the customer may be rejected if the costs are no longer in proportion. The customer may not return the goods or products where the complaints are of minor significance.

 

A.9.4                     The right to cancel does not apply the following kind of contracts:

  • Contracts for the supply of goods that are made to the costumer’s specifications or are clearly personalised (such as fabrics, marabou & sewing accessories sold per meter).
  • Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

 

A.10          Retention of title and risk

 

A.10.1       The supplier will retain ownership of all (movable) goods delivered to the customer by it for so long as the customer has not fulfilled all his (payment) obligation(s) vis-à-vis the supplier pursuant to the agreements, deliveries or making goods or products available, including claims with regard to any failure in the performance of such agreements.

 

A.10.2       The customer undertakes, now and for henceforth, to establish a non-possessory pledge on all the (movable) goods referred to in clause A.10.1, at the first request of the supplier, insofar as the supplier's retention of title in respect of these goods may prove to have been extinguished at any time, or to provide other security for the benefit of the supplier.

 

A.10.3       The risk in respect of the goods or products delivered or made available to the customer by the supplier will be borne by the customer as from the time of the actual delivery of such goods or products to the customer.

 

A.11          Intellectual and industrial property rights

 

A.11.1       All copyright and any other intellectual and industrial property rights as well as similar rights, including related rights and rights relating to the protection of databases, information and/or performances in respect of or in relation to the goods or products delivered and/or made available to the customer by the supplier, are vested solely in the supplier. For the application of this clause A.11, “supplier” is also to be understood to mean a third party from whom the supplier has acquired rights, as referred to herein, under licence with regard to the goods and products referred to herein.

 

A.11.2       Unless the prior written consent of the supplier has been obtained, the customer may not (and this applies, if necessary, in addition to the copyright or related rights of the supplier as referred to in clause A.11.1) reproduce or make public (reproductions of) all or part of any goods or products delivered and/or made available to the customer by the supplier if this is done (a) for the benefit of an undertaking, organisation or institution, (b) for home study or use which is not strictly private in nature or (c) for inclusion in any daily or weekly newspaper, magazine or journal (in digital form or otherwise) or in a radio or television broadcast, unless these general terms and conditions provide otherwise.

 

A.11.3       No provision of the agreement concluded with the customer or agreements arising therefrom between the supplier and the customer will have the effect of wholly or partially transferring the rights referred to in clause A.11 to the customer unless expressly agreed otherwise in writing. The customer acknowledges these rights and will refrain from any form of (in)direct infringement of these rights on pain of a penalty of €2,500.00 due and payable in full for each infringement or each week that the infringement continues, without prejudice to the other rights to which the supplier is entitled in this regard, including the right to fulfilment and/or full compensation.

 

A.11.4       Should it come to the customer's notice that third parties are infringing the rights referred to in clause A.11.1, the customer must immediately notify the supplier of this in writing. The customer must not take action, at law or otherwise, in any way whatsoever against such an infringement unless the written consent of the supplier has been obtained. Should the supplier decide to take action against infringing third parties, at law or otherwise, the customer must provide all the assistance requested by the supplier, at the supplier's expense.

 

A.11.5       The customer may not alter or remove or arrange for the alteration or removal of any notices relating to rights as referred to in clause A.11.1 or notices with trademarks or trade names of the supplier or third parties placed in or on the goods or products delivered or made available to him, all in the broadest sense.

 

A.12          Personal data

 

A.12.1       Unless the parties expressly agree otherwise, the customer is obliged to notify those persons whose personal data has been included in the addresses made available of the fact that the personal data relating to them has been made available to the customer by the supplier.

 

A.12.2       The customer must furthermore fulfil all the obligations incumbent upon him in respect of privacy legislation.

 

A.12.3       The customer hereby indemnifies the supplier against all claims of third parties against the supplier resulting from the customer's failure to (fully) fulfil the provisions of this clause.

 

A.13          Liability of the supplier and indemnity

 

A.13.1       Although the utmost care has been taken with regard to the content of the goods or products delivered by the supplier, the absence of any errors or omissions cannot be guaranteed. The supplier of the products or goods accepts no liability whatsoever for any errors or omissions or for the use of the said goods or products by the customer. The supplier therefore only accepts statutory obligations to pay compensation insofar as this is apparent from this clause A.13.

 

A.13.2       The presence of a defect will never give the customer the right to suspend or set off his payment obligations with regard to goods or products delivered or made available.

 

A.13.3       The total liability of the supplier on account of a non-attributable failure in respect of its obligation to deliver any performance is limited to compensation for direct loss up to a maximum of an amount equal to the price stipulated for such performance (excluding turnover tax).

Direct loss is to be understood to mean:

  1. the reasonable costs incurred by the customer in order to make the performance of the supplier conform to the agreement concluded;
  2. the reasonable costs incurred to establish the cause and extent of the loss, insofar as this relates to direct loss as defined in this clause;
  3. the reasonable costs incurred to prevent or reduce the loss, insofar as the customer shows that these costs led to the reduction of direct loss as defined in this clause.

 

A.13.4       The liability of the supplier for indirect loss, including consequential loss, loss of profit, lost savings, loss as a result of business stagnation and any loss or damage other than that referred to in clause A.13.3 is excluded.

 

A.13.5       The supplier is not, furthermore, liable for loss or damage suffered by the customer, or any third party, regardless of the type of loss or damage or the reason for this, resulting from incorrect and/or injudicious use by the customer or any third party of the goods or products delivered or made available by the supplier.

 

A.13.6       Apart from the cases referred to in clause A.13.3, the supplier is not in any way liable to pay compensation, regardless of the grounds on which any action for compensation is based.

 

A.13.7       The customer may only invoke the consequences of an attributable failure to perform an agreement concluded with the supplier after the customer has given the supplier proper written notice of default and the supplier still fails to perform even after the expiry of the reasonable period set in such notice of default. The notice of default must contain as detailed a description of the failure as possible, so that the supplier is able to verify these shortcomings and, if necessary, rectify them.

 

A.13.8       The existence of any right to compensation is always conditional upon the customer notifying the supplier of the loss in writing as quickly as possible and within a reasonable period, and in any event within 30 days of this having arisen.

 

A.13.9       A series of connected loss-causing occurrences will be regarded as a single occurrence for the application of this clause.

 

A.13.10     The customer hereby indemnifies the supplier against all claims of third parties in respect of goods or products delivered and/or made available by the supplier.

 

A.14          Termination of the agreement

 

A.14.1       The supplier is entitled to dissolve the agreement with the customer with immediate effect by means of a written notification and without (further) prior notice of default should:

·             The customer, despite having been given proper notice of default, fail imputably in the fulfilment of any obligation incumbent upon him;

·             The customer be declared bankrupt, submit a request for the application of a debt rescheduling arrangement or be placed in receivership or under administration;

·             The customer's goods be attached in connection with substantial debts and this attachment lasts for longer than two months.

 

A.14.2       Should the agreement be terminated, all payments owed by the customer to the supplier will be immediately due and payable in full.

 

A.14.3       The supplier will never owe the customer any compensation or payment on account of the aforementioned termination of the agreement, without prejudice to the supplier's right to claim full compensation on account of the customer's violation of his obligations as referred to above and without prejudice to the other rights to which the supplier is entitled in this regard.

 

A.15          Applicable law and disputes

 

A.15.1       Every agreement concluded by the supplier with the customer in respect of the purchase of goods and products directly from the store of the supplier is subject exclusively to Dutch law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention).

 

A.15.2       All disputes arising from or relating to an agreement concluded between the supplier and the customer will be submitted exclusively to the competent judge of the Maastricht court insofar as statutory provisions do not dictate otherwise.

 

A.15.3       Should goods or products be purchased from a German branch, German law will apply and the Amtsgericht in Aachen (D) will have jurisdiction.

 

A.16          Miscellaneous

 

A.16.1       All notifications within the framework of the fulfilment of the agreement(s) concluded between the supplier and the customer and these general terms and conditions must be made in writing.

 

A.16.2       All costs incurred by the supplier, both at law and otherwise, to preserve or exercise its rights vis-à-vis the customer pursuant to the agreement concluded with the customer and/or these general terms and conditions, will be for the account of the customer.

 

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