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Terms and Conditions

Terms and Conditions ImagineDis/MotionPictureArt.com

These Terms and Conditions are effective as of April 1st 2013. Last modified: June 13th 2014.

These are our terms and conditions. Please read them carefully because they contain important information about your rights and obligations as well as limitations and exclusions that may apply. We recommend that you store or print them so you can read them again at a later time.

 

CONTENTS:

Article 1 - Definitions

Article 2 - The Entrepreneur’s identity

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Consumer’s obligations during the reflection period

Article 8 - Exercising the Consumer’s right of withdrawal and the costs

Article 9 - Entrepreneur’s obligation in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Compliance and extra guaranty

Article 13 - Delivery and execution

Article 14 - Continuing performance contract: duration, termination and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Data Management

Article 19 - Additional or varying provisions

Article 20 – Service and Support

Article 21 - Amendment to the General Terms and Conditions

 

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1.         Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;

2.         Reflection period: the period during which the Consumer may use his right of withdrawal;

3.         Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;

4.         Day: calendar day;

5.         Digital content: data produced and delivered in digital form;

6.         Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;

7.         Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;

8.         Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;

9.         Entrepreneur: the natural of legal person who provides products, (access to) digital content and or services to Consumers at a distance;

10.       Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;

11.       Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;

12.       Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.

 

Article 2 – The Entrepreneur’s identity

 

Business Information

 

Article 3 – Applicability

1.       These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.

2.       Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.

3.       If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;

4.       In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

5.       Unless otherwise agreed in writing, the general or specific terms or conditions of a third party are not approved/acknowledged by the Entrepreneur.

 

Article 4 – The offer

1.       All offers are non-binding/without obligations, unless otherwise stated and/or agreed upon. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

2.       The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.

3.       All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

4.       When the Consumer is offered and/or accepts a non-binding offer the Entrepreneur reserves the right to revoke or modify the offer within a period of 3 working days.

5.       Verbal agreements only commit the Entrepreneur after these have been confirmed expressly and in writing.

6.       Offers made by the Entrepreneur do not automatically apply to future/repeat orders.

7.       The Entrepreneur may terminate an offer at any time and/or modify the descriptions.

 

Article 5 – The contract

1.       Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.

2.       If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.

3.       If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.

4.       The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.

5.       Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact with any complaints;
b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;

e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.

f. the standard form for withdrawal if the Consumer has the right of withdrawal.

6.       In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

In case of products:

1.         The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).

2.         The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or

a.         if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.

b.         in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.

c.         in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.

 

In case of services and digital content that is not delivered on a physical carrier:

3.         The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).

4.         The reflection period referred to in Article 3 starts on the day following theconclusion of the agreement.

 

Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:

5.         If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous sub-clauses of this Article.

6.         If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 day after the day on which the Consumer received the information.

 

Article 7 – Consumer’s obligations during the time of reflection

1.         During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.

2.         The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.

3.         The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

1.         The customer is obliged to check the delivered goods upon receipt. If it appears that the delivered products are incomplete, unsound or wrong, the customer must report any abnormalities/defects to the Entrepreneur via an e-mail with a clear description of the problem as soon as possible.
Operation/usage after detection of abnormalities/defects, damage occurring after detection of abnormalities/defects, encumbrance and/or sale after detection of abnormalities/defects, voids the right to claim and return entirely.

2.         If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously preferably via email, if needed with the help of the Standard Form for Withdrawal, within the period of reflection.

3.         The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 2. This need not be done if the Entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
This 14 day return period applies to EU customers. Customers outside the EU may use a longer but reasonable return period.

4.         The Consumer shall return the product with all delivered accessories and, if reasonably possible, in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur. The Entrepreneur advises to use the original packing/shipping materials, a courier that issues a tracking or registered control number and to add insurance.

5.         The risk and the burden of proof for the correct and timely exercise of the right of withdrawal falls on the Consumer.

6.         The Consumer shall bear the direct costs of returning the product unless the Entrepreneur pointed out that he will bear the costs himself.

7.         If the Consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity having not been made ready for sale not be started in a limited volume or given quantity during the period of reflection, the Consumer shall pay the Entrepreneur an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.

8.         The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited volume or quantity, or for the supply of district heating if

a.         the Entrepreneur has not provided the Consumer with the statutorily required information about the right of withdrawal, the compensation of costs in case of withdrawal or the standard form for withdrawal, or

b.         if the Consumer has not explicitly requested that the performance of the service or the supply of gas, water and electricity or district heating be started during the period of reflection.

9.         The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if

a.         prior to the delivery, he has not explicitly consented to start performance of the agreement before the end of the period of reflection;

b.         he did not acknowledge to lose his right of withdrawal when giving consent; or

c.         the Entrepreneur failed to confirm the Consumer’s statement.

10.       If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

 

Article 9 – Entrepreneur’s obligations in case of withdrawal

1.         If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.

2.         The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Entrepreneur may have charged for the returned product, as soon as possible but within 14 days following the day on which the Entrepreneur has actually received the product.

3.         The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.

4.         If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.

5.         The Entrepreneur reserves the right to assess the state/condition of returned products for depreciation and act accordingly. Any discrepancies could result in a delay or partial/full forfeiture.

6.         If the Entrepreneur is responsible for an irregularity in the products delivered to the Consumer, the cost of a return or subsequent delivery shall be borne by the Entrepreneur.

7.         If the Entrepreneur makes an error and ships the wrong product, the Entrepreneur will replace it with the correct item if and when the wrong product is returned in its original/complete condition. Due to limited stock, a replacement product may not be available and cannot be guaranteed. (Full) restitution will take place within 14 days after assessing that the Entrepreneur cannot replace or fulfill the order

 

Article 10 - Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly in, for example, the Terms and Conditions and/or when making the offer or at any rate in good time before concluding the agreement:

1.         Products used/worn more than necessary to test/evaluate them.

2.         Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;

3.         Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital content and/or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.

4.         Services agreements, after full performance of the service, but only if

a.         the performance started with the Consumer’s explicit prior consent; and

b.         the Consumer stated that he will lose his right of withdrawal as soon as the Entrepreneur has fully performed the agreement.

5.         Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering;

6.         Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;

7.         Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;

8.         Products ordered by the Entrepreneur from a third party on specific request of the Consumer (special order);

9.         Perishable products or products with a limited durability.

10.       Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;

11.       Products which for their nature are irreversibly mixed with other products;

12.       Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Entrepreneur cannot affect.

13.       Sealed audio and video recordings and computer programs of which the seals were broken after delivery;

14.       If labels, stickers, protective film etc. have been removed;

15.       Newspapers, periodicals or magazines, with the exception of subscriptions to them;

16.       The delivery of digital content other than on a physical carrier, but only if:

a.         the performance was started with the Consumer’s explicit prior consent;

b.         the Consumer stated that he will lose his right of withdrawal by doing so.

 

Article 11 - The price

1.         The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.

2.         Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

3.         Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.

4.         Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and

a.         they are the result of legal regulations or stipulations, or

b.         the Consumer has the authority to cancel the contract before the day on which the price increase starts.

5.         The prices displayed/quoted (may) exclude any form of taxes and delivery charges. Orders shipped within the European Union (EU) will be charged with 21% sales tax, unless an intra-Community order (Business to Business) is placed in which case the customer has to supply the Entrepreneur with a TAX/VAT number. Orders shipped to countries outside of the EU will be charged 0% sales tax. Sales tax and payable delivery charges can/may be calculated and displayed in the customer’s shopping cart and during the checkout procedure and/or after the customer has provided his personal information.

6.         Prices quoted/displayed are only indicative and subject to change.
The Entrepreneur is not liable for any consequences of literal errors, typos or misprinted prices.

 

Article 12 – Performance of an agreement and extra Guarantee

1.       The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.

2.       An extra guarantee/warranty offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.

3.       ‘Extra guarantee/warranty’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.

4.       The Entrepreneur provides limited guarantee/warranty for second-hand/used products because the Consumer can expect less of second-hand/used products than of new products. Those expectations will depend on the price and/or information given about the condition of the product by the Entrepreneur.

5.       To the full extent permitted by law, the (standard) warranty of products will not apply:

-           If the product has not been installed, operated, maintained or used in accordance with the Entrepreneur/manufacturer's instructions or specifications provided with the product;

-           If the factory-applied serial number has been altered or removed from the product;

-           To damage, malfunction or failure resulting from alterations, accident, misuse, abuse, fire, liquid spillage, mis-adjustment of customer controls, use on an incorrect voltage, power surges and dips, thunderstorm activity, acts of God, voltage supply problems, tampering or unauthorized repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the product;

-           To damage arising during transportation, installation or while moving the product, or to any transportation costs of the product or any parts thereof by and from the owner, unless otherwise specified in these warranty terms;

-           To any third-party software or hardware not contained in the product as originally configured by the manufacturer;

-           To any failure, to the extent that the failure is not a failure of the product to perform in accordance with its specifications;

-           To replacement or repair of any consumables (including batteries, cables etc.), or lost parts or accessories;

-           To any (extreme) wear and tear if the product is used in commercial, industrial, educational or rental applications;

-           The customer attempted to repair/alter the delivered goods himself or let a third party repair/alter the goods;

-           The delivered goods have been exposed to abnormal circumstances or have been handled carelessly or not in accordance with the instructions of the Entrepreneur and/or instructions on the packaging;

-           Government legislation effective either at the moment of purchase or in the future, regarding the materials that were used in the manufacturing process of the product.

 

Article 13 – Delivery and execution

1.         The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.

2.         The place of delivery is at the address given by the Consumer to the Entrepreneur.

3.         With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.

4.         After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.

5.         The carriers report/documents/information will serve as proof of delivery. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.

6.         Delivery will take place as long as stocks last.

7.         If it appears that the Consumer provided wrong/false information, the Entrepreneur has the right to adjust its obligation to comply until the correct data is received.

8.         The delivery timeframes specified by the Entrepreneur are only indicative and shall not be an obligation on the Entrepreneur or the carrier.

9.         The customer will bear all costs, taxes and import/customs duties which may be incurred in the process of shipment at/to the destination country. Whether any charges are payable will depend on the value of the package and where the customer is having it delivered to. The Entrepreneur has no control over these charges and cannot predict what they might be. The customer should contact local customs office for further information. If there are any additional charges for customs clearance, they must be borne by the customer. Additionally, please note that when ordering a new product, the customer may be considered the importer of that product and must comply with all laws and regulations of the country in which you are receiving the goods.

 

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination

1.         The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.

2.         The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.

3.         The Consumer can cancel the agreements mentioned in the preceding paragraphs:

- at any time and not be limited to termination at a particular time or in a given period;

- at least in the same way as they were concluded by him;

- at all times with the same notice as the Entrepreneur stipulated for himself.

Extension

4.         An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

5.         Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the Consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the most.

6.         An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.

7.         An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.


Duration

8.         If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.

 

Article 15 – Payment

 

1.       Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.

2.       When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.

3.       The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.

4.       In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Consumer.

 

Article 16 – Complaints procedure

 

1.       The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.

2.       Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects

3.       The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.

 

Article 17 - Disputes

1.         Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

2.         Disputes arising out of a contract between the Entrepreneur and a Consumer, which can not be resolved by mutual agreement, can be presented to a competent court within the district of Rijswijk, unless the Entrepreneur prefers to present the dispute to a competent court in the domicile of the Consumer, with the exception of those disputes that fall under the jurisdiction of a magistrate.

 

Article 18 – Data Management

1.         If the Consumer places an order with the Entrepreneur, his data will be included in the customer database of the Entrepreneur. The Entrepreneur will not provide this data to third parties unless necessary for the execution of orders/purchases. Please read the Entrepreneur’s Privacy Policy for further information on this subject.

2.         Any information provided by Customers will be handled with the utmost care and will not be used in ways the Consumer has not consented to or provided the information for. Please read the Entrepreneur’s Privacy Policy for further information on this subject.

 

Article 19 - Additional provisions or derogations

1.         Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.

 

2.         Force Majeure
The Entrepreneur is not liable, if and in so far as its obligations cannot be met as a result of force majeure.

A force majeure is any unforeseen event beyond our control. These events include natural disasters such as floods, earthquakes and other "acts of God," as well as uncontrollable events such as war or terrorist attack.

The following are three basic categories of these kinds of events:

Natural disasters, such as earthquakes, hurricanes, floods, tornados and fires;
Human events, such as wars, riots or other major upheavals;
Performance failures outside the control of the contracting party, such as disruptions in telephone service attributable to the telephone company, illness of staff, defects, labour disputes other than those of the contractual parties, government restrictions (denial or cancellation of a necessary license), or supplier problems (product unavailable).

In the case of force majeure the Entrepreneur reserves the right to suspend its obligations and is also entitled to terminate the contract in whole or in part, or to claim that the content of the agreement is amended that execution remains possible. In no event shall the Entrepreneur be held responsible regarding any fine or compensation.

If the Entrepreneur has fulfilled its obligations partially at the time of the commencement of force majeure, or can only partially fulfil obligations, the Entrepreneur is entitled to send an invoice for the obligations already delivered or the deliverable part separately. The customer is held to pay this invoice as if it were a separate contract. This shall not apply, however, if already delivered or the deliverable part has no independent value.

 

3.         (Product)Images and Specifications
All images; photos, drawings, etc.; weights, dimensions, colors, pictures of labels, etc. of products on the internet sites of the Entrepreneur are only approximates/indicative and cannot lead to compensation or dissolution of agreement/contract.

Products can individually and/or in relation to each other differ (partially) in accordance but not limited to the other statements in the sub-clauses of this Article.

Using the technology available,
the Entrepreneur has tried it's best to ensure that the (thumbnail) images of the item(s) materially resemble the item(s) delivered to the customer. Due to differences in devices, monitors and variance in settings used by Customers and the Entrepreneur, the color seen on screen may not be the exact color of the item(s).

The Entrepreneur is not responsible for any differences or non-conformity of the item(s) delivered to the customer as compared to the images of the item(s) as shown on the site due to limitations beyond the Entrepreneur’s control.

 

4.         Liability
Under no circumstances, including, but not limited to, negligence, shall the Entrepreneur be liable for any direct, indirect, special, incidental or consequential damages to persons/vehicles and or other object, including, but not limited to, loss of data or profit, arising out of the (wrongful) use, or the inability to use, the products/services on this site, even if the Entrepreneur or an authorized representative have been advised of the possibility of such damages. Always read the directions/manual/instructions on/in the package and/or consult our website before using products/services.

In the event of warranty/non-conformity, any liability of the Entrepreneur for any other form of damage exceeding the amounts specified in the agreement is excluded, including additional compensation in any form whatsoever, or compensation for (in)direct/consequential damages or loss of profits.

 

5.         Products
The Entrepreneur sells mainly second-hand/used goods and does not manufacture any/most of the sold item(s).

The Entrepreneur acquires all their products legally. The first-sale doctrine allows the purchaser to transfer (i.e., sell or give away) a particular lawfully made copy of copyrighted work without permission once it has been legally obtained. The copyright holder's rights to control the change of ownership of a particular copy end once that copy is sold, as long as no additional copies are made. This doctrine is also referred to as the "first sale rule" or "exhaustion rule".
Under the exhaustion doctrine, doctrine of exhaustion, or first sale doctrine, the first unrestricted sale of a patented item exhausts the patentee's control over that particular item.
In other words, it is a concept in intellectual property law whereby an intellectual property owner will lose or "exhaust" certain rights after the first use of the subject matter which is the subject of intellectual property rights. For example, the ability of a trademark owner to control further sales of a product bearing its mark are generally "exhausted" following the sale of that product.
Different countries regulate the applicability of the doctrine of exhaustion in relation to different products in different ways. Within the European Union a bill is in development that will be almost equal to the U.S. "first-sale doctrine".

 

6.         Use Restrictions

The copyright of all material provided on this site is held by the Entrepreneur or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Entrepreneur or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without the Entrepreneur’s permission, "mirror" any material contained on this site on any other server. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Copyrights, Trademarks and other intellectual and property rights of other owners, entities, or companies are the sole property of those owners, entities, or parent companies. Photos, art, advertising graphics, company logos, public relations photos, studio publicity shots, movies, etc., used from resources other than the Entrepreneur’s are used in a similar fashion to the purpose for which they were originally published or released, that is, to publicize and/or promote the original celebrity, movie, television show, business, or individual and are therefore believed to have been released in the public domain by proper authority for such use.

The customer is prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

 

Article 20 – Service and Support

The Entrepreneur strives to provide excellent customer support. Preferably by e-mail, the Entrepreneur will address to and attempt to resolve any matter related to its products and services.

 

Article 21 – Amendments to the Terms and Conditions

          Amendments to these Terms and Conditions are valid only after being published in the appropriate way, provided that in case of appropriate amendments, the provision that is most favourable for the Consumer shall prevail during the validity of an offer.