General Terms and Conditions 123paracord.
Article 1 General
- These general terms and conditions apply to all offers/quotes, agreements and the performance thereof as agreed by 123paracord and a Client to which 123paracord has declared the applicability of these terms and conditions. A Client is regarded as a legal entity or individual which/who acts in the performance of a profession or company with which 123paracord has concluded an agreement.
- The applicability of any purchase or other terms and conditions of the Client are explicitly rejected, unless otherwise is explicitly agreed upon in writing.
- If one or more provisions of these general terms and conditions are declared fully or partially nullified or removed, then that stated in the remainder of these general terms and conditions remains applicable in full. In that case, the 123paracord and the Client will meet in order to agree new provisions to replace the nullified or removed provisions, whereby the aim and intent of the original provisions are followed to the extent possible.
- All the agreements concluded by the 123paracord and the Client which are subject to these general terms and conditions are exclusively governed by Dutch law. Any disputes arising between the Client and 123paracord are exclusively brought before the court in the place where 123paracord resides, unless imperative law prescribes otherwise.
- These general terms and conditions can also be downloaded from the website of 123paracord. A copy of the general terms and conditions is also sent (digitally) upon request. A copy of the English language version of the general terms and conditions is sent upon request.
Article 2. The Offer
- The offer of 123paracord contains a full and specific description of the offered product. The description is sufficiently detailed in order to enable the Client to make a good assessment of that offered.
- Each offer of 123paracord is free of obligation unless otherwise is stated or linked to a specific period. An offer is cancelled if the product to which the offer relates has in the meantime become unavailable.
- Each image, photo, drawing, information regarding product specifications etc. published on the website of 123paracord are only indicative and cannot give rise to a payment of damages or dissolution of the agreement.
- 123paracord is not obliged to honour its offers if the Client can reasonably understand that the quotes, or a part thereof, contain an apparent mistake or typo.
- Any price listed in the offer is exclusive of VAT and other government levies unless otherwise is stated. Changes in the levies imposed by the government are always recharged in the price.
- Any price listed in the offer is exclusive of transport costs unless otherwise is stated.
- Any price listed in the offer is inclusive of packaging costs unless otherwise is stated.
- If the acceptance (whether or not on minor points) deviates from the offer stated in the quote or offer, then 123paracord shall not be bound by it. The agreement will in that case not be concluded pursuant to this deviating acceptance, unless 123paracord states otherwise.
Article 3. Concluding the Agreement
- An agreement is concluded the moment that the Client accepts the offer of 123paracord.
- When a Client has placed an order digitally, 123paracord will immediately confirm the receipt of the order digitally. The agreement is concluded the moment 123paracord confirmed the order. The latter retains the right to refuse an order without stating the reason.
- If the agreement is concluded electronically, 123paracord will take suitable technical and organisational measures to secure the electronic transfer of data and will arrange a safe web environment. If the Client can pay electronically, 123paracord will take suitable safety measures in this respect.
Article 4. Delivery
- The delivery will be made insofar still in stock. If after placing the order it becomes clear that a product is not in stock, the Client is informed of this as soon as possible and the relevant product will be delivered as soon as possible in consultation with the Client.
- When a product is not available, or not available in the short term, then a different similar product will be offered if possible and in consultation with the Client.
- The place of delivery is the address that the Client provided to 123paracord. The delivery is made from the place of residence of 123paracord unless otherwise has been agreed.
- If a specific period has been agreed or provided for the delivery of certain products, then this is never a deadline but an indication of the delivery period. Upon exceeding a period, the Client must then declare 123paracord in default in writing and 123paracord must be offered a reasonable period of time in which to perform the agreement.
- Notwithstanding any evidence to the contrary, the supply obligation of 123paracord will have been complied with as soon as 123paracord offers the Client the delivered product(s) once, upon delivery at the indicated address the report of the transport company for the refusal of acceptance constitutes the full proof of delivery.
- The Client must accept the products he has ordered. If the Client refuses to receive the ordered products, the products are stored by 123paracord. These additional costs plus the costs for the ordered products are payable by the Client.
- If the Client provides his address in writing or digitally to 123paracord, the latter is authorised to send all the orders to that address, unless the Client provides a different address in writing or digitally where the (partial) orders need to be sent.
- The risk of damage and/or loss of products is held by 123paracord until the moment of delivery to the Client, unless otherwise has explicitly been agreed.
Article 5. Retention of title
- 123paracord remains the owner of all the items it has delivered up until the moment that the Client has sufficiently and fully complied with his payment obligations in respect of 123paracord.
- The Client is not entitled to pawn items that are subject to the retention of title or to mortgage them in any other way. If third parties impound items that were delivered under retention of title or wish to apply any rights thereon, then the Client must immediately inform 123paracord as soon as possible.
Article 6. Payment
- Payments must be made in € (euro), unless otherwise has been agreed.
- The Client must pay the invoice before delivery, unless otherwise has been agreed.
- If the Client has not paid the invoice within the stipulated period, the claim will be forwarded to a debt collection agency. All the resulting legal and extra-judicial costs including statutory interests are payable by the debtor.
Article 7 Guarantee/Returning goods
- 123paracord guarantees that the products comply with the agreement, the specifications stated in the offer, reasonable conditions of reliability and/or usability and the legal provisions and/or government requirements as they apply on the date on which the agreement is concluded.
- The guarantee does not apply if parties other than the supplier of 123paracord or the latter made changes to the delivered products without the permission of 123paracord, or in the event of inexpert or inappropriate use, such as knocking, falling etc.
- The products delivered by 123paracord are subject to a guarantee period of 2 years unless otherwise has explicitly been agreed in writing. If the guarantee issued by 123paracord concerns an item that was manufactured by a third party, then the guarantee is limited to that issued by the manufacturer of the item, unless otherwise is stated. After the guarantee period has lapsed any costs for repair or replacement, including administration, delivery and call-out costs, will be invoiced to the Client.
- If the delivered product contains manufacturing error(s), then the Client must report this per email to 123paracord within five working days after receiving the product, after which a replacement product will be sent free of charge. The costs of returned delivery are payable by 123paracord. If it appears that no manufacturing errors are involved then the above mentioned costs are payable by the Client.
- Goods must be returned with the original invoice in the original and undamaged packaging.
- If the product cannot be returned in original packaging, then the Client must arrange sufficient packaging. Any transport damage in the event of inadequate packaging due to the returning of the products are for the risk of the Client.
- Repair or replacement as a result of a product under guarantee does not extend the guarantee period once it has commenced.
- Returned items whereby the packaging is not paid will be refused by 123paracord.
- The guarantee is cancelled if the product is connected to another voltage or in another way than stated with or on the article, on the website or the packaging or other data carrier.
- The guarantee is cancelled upon the failure of a product due to short circuit and/or voltage fluctuations in the power supply to which the relevant product is connected or other causes, except manufacturing errors, causing a failure.
Article 8. Liability
- Any liability of 123paracord will be limited to direct damage and to the provisions of this article.
- 123paracord is not liable for any type of damage if this results from the Client providing incorrect and/or incomplete data, unless it can be proven that 123paracord should have been aware of them.
- 123paracord is not liable for misprints or mistakes on its website.
- Any liability of 123paracord will in any even be limited to the maximum amount paid out by the insurer of 123paracord depending on the situation and that is proportionate to the part of the agreement to which the liability relates.
- If 123paracord should be liable for any damage, then the liability of 123paracord is limited to no more than the invoiced value of the order, at least the part of the order to which the liability relates.
- For any misunderstandings, delays or the incorrectly conveying of order details and notifications as a result of the use of internet or any means of communications in the traffic between the Client and 123paracord, the latter is not liable.
- The limitations stated in this article do not apply when the damage can be attributed to intent or gross negligence of 123paracord.
Article 9. Force Majeure
- 123paracord is not obliged to meet any obligation if it is prevented from doing so due to a circumstance that is not attributable to guilt, and is not payable by 123paracord pursuant to the law, a legal act or generally prevailing opinion.
- Force majeure is defined in these general terms and conditions as that stated in this respect in legislation and case law plus any additional causes, foreseen or unforeseen, over which 123paracord has no power of control, but that do cause the inability of 123paracord to meet his obligations.
- 123paracord can suspend the obligations under the agreement during the period the force majeure continues. If this period lasts longer than a full calendar month, each party is entitled to dissolve the agreement, without obligation to payment of damages to the other party.