Terms

General Sales Terms and Conditions of Delivery of Online Alien Shop

GENERAL TERMS & CONDITIONS Remote delivery (webshops)

Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the customer during the appraisal period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 - Obligations of Online Alien Shop upon withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12- Delivery and execution
Article 13- Digital content: data produced and delivered in digital form
Article 14 - Payment
Article 15 - Transfer of ownership
Article 16 - Force majeure
Article 17 - Damage
Article 18 - Right of choice and competent court


Article 1 - Definitions

These terms and conditions include:

Additional agreement: An agreement whereby the buyer acquires products and / or services in connection with a remote agreement and these goods and / or services are provided by Online Alien Shop
Buyer: The person, natural and legal person at the same time, who acts for purposes relating to his commercial, business, craft or professional activity; Day: calendar day;
Reflection period: The term within which the customer may use his right of withdrawal;
Right of withdrawal: The ability of the customer to refrain from the distance agreement within the conceivable period;
Remote agreement: an agreement concluded between the entrepreneur and the customer in the context of an organized remote marketing system and / or services, which until the conclusion of the agreement is exclusively or co-operated with one Or more techniques for remote communication; Model form for revocation: The model form for revocation set out in Annex I to these terms and conditions;
Remote communication technology: means that can be used for the conclusion of an agreement without having to meet the customer and Online Alien Shop at the same time in the same space;

Article 2 - Identity of the entrepreneur

Online Alien Shop
landpoortstraat 15
4515cb ijzendijke
Phone number The Netherlands: +31 0117306104
E-mail: orders@onlinealienshop.com
Chamber of Commerce Number: 21017172


Article 3 - Applicability

These terms and conditions apply to any offer of Online Alien Shop and to any agreed distance agreement between Online Alien Shop and customer. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the customer. If this is not reasonably possible, Online Alien Shop will, before the distance contract is concluded, indicate the manner in which the terms and conditions of Online Alien Shop will be displayed and that they will be sent free of charge at the customer's request as soon as possible.
If the remote agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available electronically to the customer in such a way that it is made by the buyer on a Simple way can be stored on a durable data carrier. If this is not reasonably possible, before the agreement is concluded at a distance, the terms of the general terms and conditions will be indicated and that they will be sent free of charge electronically or otherwise at the customer's request. These terms and conditions have been deposited at

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
The offer includes a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the customer. If Online Alien Shop uses images, they are a true and fair view of the products and / or services offered. Apparent mistakes or apparent errors in the offer do not bind Online Alien Shop. Each offer contains such information that it is clear to the customer what the rights and obligations are attached to the acceptance of the offer.


Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the buyer of the offer and compliance with the conditions attached thereto. If the customer has accepted the offer by electronic means, Online Alien Shop will immediately acknowledge receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by Online Alien Shop, the customer can terminate the agreement. If the agreement is established electronically, Online Alien Shop will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a secure web environment. When paying electronically, Online Alien Shop will take appropriate security measures. Online Alien Shop can, within legal frameworks, inform you of whether the customer can meet its payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If Online Alien Shop, on the basis of this investigation, has good grounds for not entering into the agreement, it is entitled to refuse an order or request or to impose special conditions on the execution. Online Alien Shop will send the following information, in writing or in such a way that it is available by the customer in an accessible manner on a durable data carrier, at the latest upon delivery of the product or service to a customer:
A. The visit address of the Online Alien Shop location where the customer is entitled to complaints.
B. The conditions under which and the manner in which the buyer may make use of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
C. The information about guarantees and existing post-purchase service;
D. The price including all taxes on the product or service; Where applicable the cost of delivery; And the manner of payment, delivery or performance of the remote agreement;

 

Article 6 - Right of withdrawal

This provision does not apply to legal persons or to the customer / natural person acting in the pursuit of a business or profession. Legal persons or natural persons who act in the pursuit of a business or profession do not qualify for revocation.

The natural person who does not act in the pursuit of a business or profession (in the provisions 6,7,8,9 and 10 further to be referred to as consumer) may agree on a purchase of a product for a period of 15 days without giving reasons. Online Alien Shop may ask the consumer for the reason for withdrawal, but do not oblige them to state their reasons.
The term referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
A. If the consumer has ordered multiple products in the same order: the date on which the consumer, or a third party designated by him, received the last product. Online Alien Shop may, provided he has informed the consumer clearly in advance of the ordering process, refuse an order of multiple products with a different delivery time.
B. If the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last consignment or the last item;
C. For regular delivery of products for a certain period of time: the date on which the consumer, or a third party designated by him, received the first product.

Extended design time for products and services in case of non-cancellation:
If the entrepreneur has not provided the consumer with legally required information on the right of withdrawal or the model for revocation, the period of refusal will expire twelve months after the end of the original period of consideration determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the date of commencement of the original retention period, the period of notice expires 14 days after the date on which the consumer has received that information.

 

Article 7 - Obligations of the consumer during the appraisal period

During the time of reflection, consumers will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he should do in a store.
The consumer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond what is allowed in paragraph 1.


Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof

If the consumer makes use of his right of withdrawal, he will report this within the term of office by means of the model form for revocation or otherwise unambiguously to the entrepreneur.
As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (Online Alien Shop). This does not have to offer as Online Alien Shop the product itself. In any case, the consumer has complied with the return period when he returns the product before the time has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Online Alien Shop. The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer . The consumer carries the direct cost of returning the product. If Online Alien Shop has not reported that the consumer has to bear these costs or if the entrepreneur indicates the costs themselves, the consumer does not have to bear the cost of return.

 

Article 9 - Obligations of Online Alien Shop upon withdrawal

If Online Alien Shop allows the consumer to report the consumer's withdrawal electronically, he will send a receipt acknowledgment upon receipt of this notification. Online Alien Shop will refund all payments made by the consumer, including any delivery costs incurred by the entrepreneur for the returned product, without delay but within 14 days following the date on which the consumer notifies the cancellation. Unless Online Alien Shop offers the product itself, it may wait for repayment until it has received the product or shows to the consumer that he has returned the product, whichever is earlier.


Article 10 - Exclusion of right of withdrawal

Online Alien Shop may exclude the following products and services from the right of withdrawal, as Online Alien Shop clearly stated this at the offer, at least in advance of the conclusion of the agreement:
Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the period of withdrawal. Agreements concluded during a public auction. Public auction means a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or able to be personally present at the auction under the guidance of an auctioneer and in which the Successful bidder is obliged to take down the products, digital content and / or services;
Service agreements, after full service, but only if:
A. The implementation has begun with explicit prior consent of the consumer; and
B. The consumer has declared that he loses his right of withdrawal once the entrepreneur has completed the agreement;
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a particular person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are unsuitable for return and sealed after delivery for reasons of health protection or hygiene; Products which, by their nature, are irrevocably mixed with other products;
Sealed audio, video and computer software, whose seal has been discontinued after delivery;
Newspapers, magazines or magazines, with the exception of subscriptions to this;


Article 11 - The price


During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, Online Alien Shop may offer products or services whose prices are subject to fluctuations in the financial market and which Online Alien Shop has no influence on offering variable prices. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if Online Alien Shop has recommended this and:
A. These are due to statutory regulations or provisions; or
B. The customer has the power to terminate the agreement as of the date of the price increase.
The prices mentioned in the offer of products or services include VAT.

Article 12 - Delivery and execution

Online Alien Shop means that the products and / or services comply with the agreement, the specifications specified, to the reasonable requirements of validity and / or usability.


Online Alien Shop will take the utmost care in the execution of product orders and in assessing applications for services. All tasks by Online Alien Shop of numbers, sizes, weights and / or other indications have been taken care of. Online Alien Shop can not guarantee that no deviations will occur in this regard. Forgiveness, such as calculation, writing or mistakes in offers offers, prospects, publications, order confirmations, invoices and otherwise modest from Online Alien Shop Online Alien Shop does not bind. The place of delivery is the address that the customer has notified to Online Alien Shop.
Subject to what is stated in article 4 of these terms and conditions, Online Alien Shop will accept accepted orders at an expedited rate, but not later than 30 days, unless another is received, or if an order can not be executed or only partially Customer has received notice within 30 days of placing the order.
The risk of damage and / or loss of products rests with Online Alien Shop up to the moment of delivery to the customer or a pre-designated representative and notify the entrepreneur, unless explicitly agreed otherwise.


Article 13 - Digital content: data produced and delivered in digital form

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 14 - Payment

Unless otherwise specified in the agreement or additional terms, the amounts owed by the customer must be paid within 14 days of the commencement of the due date, or in the absence of a notice within 14 days of the conclusion of the agreement.
When prepayment is made, the customer can not make any right regarding the execution of the order or service (s) concerned before the prepaid payment has taken place. Customer has the obligation to report to the Online Alien Shop without delay any incorrect or stated payment information.

If the customer fails to meet his payment obligation (s) in due time, he has been informed by Online Alien Shop of the late payment and Online Alien Shop customer has granted a 14-day deadline to meet its payment obligations after Failure to pay within this 14-day term, the amount owed is due to the statutory interest and Online Alien Shop is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% on outstanding amounts to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =.


Article 15 - Transfer of ownership

In spite of the actual delivery, the ownership of the products will not pass on to the buyer unless all or all of the obligations arising out of or under the agreement with Online Alien Shop have been fully met, including the purchase price, if any under these terms or The agreement owed surcharges, interest, taxes, costs and damages. Before the ownership of the product will not be transferred to the customer, it is not entitled to alienate, rent or use the product, to pledge or otherwise object to the product.

If the Customer fails to comply with any obligation which may result from him or her from any agreement or terms, the Customer is not in default or in default, and is Online Alien Shop entitled:

- suspend the execution of this agreement and related agreements until payment is sufficiently secured;
- to dissolve this agreement and any related agreements in whole or in part without Online Alien Shop being liable for any damages and without prejudice to all further rights arising therefrom.
In the aforementioned cases, all claims by Online Alien Shop are immediately and in full due, the buyer is required to immediately return products of which Online Alien Shop owns.


Article 16 - Force majeure

If Online Alien Shop is unable to fulfill its obligations to the customer by a non-attributable shortcoming (force majeure), the obligations will be suspended for the duration of the force majeure.
If any force majeure lasted two months, both parties have the right to dissolve the agreement in writing in whole or in part.

In case of force majeure, The customer is not entitled to any (damages) compensation. Neither as Online Alien Shop should have any advantage as a result of force majeure.

Force majeure is understood to mean any of the will of Online Alien Shop independent circumstance which prevents the fulfillment of its obligations towards the customer or which can not reasonably be fulfilled by its obligations, regardless of whether that circumstance at the time of conclusion of To provide the agreement. Such circumstances include: strike, exclusion, fire, stagnation or other problems and / or measures taken by any government agency and the absence of any government authorization to be obtained.
 

Article 17 - Damage

Except for intentional or gross negligence, Online Alien Shop. You or her executives or liability arising from Title 3, Section 3, Book 6 of the Dutch Civil Code, Online Alien Shop shall never be liable for any damage suffered by a customer or third party, including consequential loss of intangible damage to company or environmental damage.

Except for intentional or gross negligence, Online Alien Shop or its executives or liability arising from Title 3, Section 3, Book 6, BW, shall protect Online Alien Shop against all claims of third parties directly or indirectly related to (use of) a product and shall he Online Alien Shop compensate all damages, including (legal) advisory costs incurred by Online Alien Shop as a result of such claims.


Article 18 - Right of choice and competent court

On agreements between Online Alien Shop and the customer covered by these terms and conditions, only Dutch law applies. The applicability of the Vienna Sale Convention 1980 (CISG) is excluded.

Disputes between buyer and Online Alien Shop on the establishment or performance of agreements regarding products or services supplied or supplied by Online Alien Shop shall be submitted to the Middelburg court unless mandatory rules require another Dutch court to be excluded Is.