Terms and conditions for www.vogelsnederland.nl
On this page you will find the general terms and conditions of www.vogelsnederland.nl, as it has been made available by Inge Duijsens Fotografie, established in Zoetermeer, Commercial Registry (CoC/KvK) Number 60150211, in these conditions referred to as seller. In these general terms and conditions we indicate under what conditions we offer you the information on our website.
Applicability of terms and conditions
- These terms and conditions apply to all quotations, offers, agreements and delivery of services or goods by or on behalf of the seller.
- Deviation from these conditions can only be agreed upon in writing by the parties.
- The use of the information on this website is free as long as you do not copy, distribute or use or misuse this information in any other way. You may only reuse the information on this website in accordance with the rules of mandatory law.
- Without the explicit written permission of Inge Duijsens Fotografie, it is not permitted to use text, photographic material or other materials on this website. The intellectual property lies with Inge Duijsens Fotografie.
- For the prices on our website, we strive for the best possible representation of the reality and the intended prices. Errors that arise and are recognizable as program or typographical errors, never constitute a reason to claim or assume a contract or agreement with Inge Duijsens Fotografie.
- Inge Duijsens Fotografie strives for a website that is as up to date as possible. If, despite these efforts, if the information of or content on this website is incomplete and or incorrect, we cannot accept liability for this.
- The information and/or products on this website are offered without warranty of any kind and or claim to correctness. We reserve the right to modify, remove or re-post these materials without any prior notice. Inge Duijsens Fotografie accepts no liability for any information that is on websites to which we refer via hyperlinks.
Offers, quotations and price
- Offers are non-binding, unless the offer mentions a term of acceptance. If the offer is not accepted within that deadline, the offer will expire.
- Delivery times in quotations are indicative and do not entitle the buyer to dissolve the agreement or to compensation if they are exceeded.
- Offers and quotations do not automatically apply to reorders.
- The entire purchase price is always paid immediately in the shop. In some cases a deposit is required for reservations. In that case, the purchaser will receive proof of the reservation and prepayment.
- If the buyer does not pay on time, he is in default. If the purchaser remains in default, the seller is entitled to suspend the obligations until the purchaser has fulfilled his payment obligation.
- If the buyer remains in default, the seller will proceed to recovery. The costs relating to that recovery are borne by the purchaser. These collection costs are calculated on the basis of the Dutch Government Besluit vergoeding van buitengerechtelijke incassokosten (Decree on the compensation of extrajudicial collection costs).
Delivery and execution
- The seller shall observe the utmost care when taking delivery and in the execution of orders of products and in assessing applications for the provision of services.
- The place of delivery is the address that buyer has made known to seller.
- If an offer has a limited period of validity or is made under other different conditions, this will be explicitly stated in the offer.
- Subject to what is stated in the preceding paragraph, the seller will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or is only partially executed, the consumer will receive this notice no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty without the right to compensation.
- After dissolution in accordance with the preceding paragraph, the seller will reimburse the amount paid by the consumer without delay.
- The risk of damage and/or loss of products rests with the seller until the moment of delivery to the purchaser.
- Purchaser is obliged to investigate the delivered goods at the time of delivery, but in any case within the shortest possible time. In doing so, buyer should investigate whether the quality and quantity of the delivered correspond to what the parties have agreed, at least that quality and quantity meet the requirements that apply in normal trade.
- Complaints relating to damage, shortages or loss of delivered goods must be submitted to the seller in writing within 10 working days after the day of delivery of the goods by purchaser.
- In the statement of the complaint within the prescribed period, the seller has the right to either recover or resupply, or to refrain from delivery and send a credit note to the purchaser for that part of the sale price.
- And/or in the industry usual deviations and difference in quality, number, size or finish cannot be invoked to the seller.
- Complaints relating to a particular product do not affect products or parts belonging to the same agreement.
- No complaints will be accepted after processing the goods at the purchaser.
Right of withdrawal and return policy
- After receipt of the order, the consumer is entitled to terminate the contract without giving any reason within 14 days (right of withdrawal). The term begins to run from the moment the (whole) order is received by the consumer.
- There is no right of withdrawal when the products are made to measure according to specifications. This applies, for example, to photo printing.
- The consumer can use a withdrawal form from seller. Seller is obliged to make this available immediately after buyer's demand to buyer.
- During the cooling-off period the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to retain the product. If he makes use of his right of withdrawal, he will return the unused and undamaged product with all delivered accessories and-if reasonably possible-in the original packaging to the seller, in accordance with the seller's provided reasonable and clear instructions.
- The cost of the return shipment is borne by the purchaser, unless otherwise agreed.
- If seller cannot, not timely or not properly fulfil its obligations under the agreement by force majeure, then he is not liable for damage suffered by buyer.
- In any event, force majeure means that any circumstance by which the seller could not take account at the time of entering into the contract and the consequence of which the normal performance of the contract cannot reasonably be determined by the purchaser such as illness, war or war risk, civil war and riot, molest, sabotage, terrorism, energy failure, flood, earthquake, fire, occupation, work strikes, workers ' exclusions, modified Government measures, transport difficulties, and other straw rings in the seller's business.
- Furthermore, the parties to force majeure are the fact that the suppliers of which the seller is dependent for the performance of the contract do not fulfil the contractual obligations to the seller, unless this is to the seller is due.
- If a situation arises as a result of which the seller cannot fulfil his obligations to the purchaser, those obligations will be suspended as long as the seller cannot fulfil his obligation. If the situation referred to in the preceding sentence has lasted 30 calendar days, the Parties shall have the right to dissolve the agreement in full or in part in writing.
- If the force majeure persists for more than three months, the purchaser has the right to terminate the agreement with immediate effect. Dissolution can only be by registered letter.
Reservation of title and right of retention
- The items present in the seller and delivered goods and parts remain the property of the seller until the purchaser has paid the entire agreed price. Until that time, the seller can invoke his reservation of title and take back the goods.
- If the agreed advance payments are not or are not paid in time, the seller has the right to suspend the work until the agreed part is fulfilled. In that case, there is a default by the creditor. In that case a delayed delivery cannot be invoked against the seller.
- The seller is not entitled to pledge the goods falling under retention of title or to object in any other way.
- If articles have not yet been delivered, but the agreed prepayment or price is not met according to agreement, seller has the right of retention. The case will not be delivered until the purchaser has fulfilled a complete and compliant agreement.
- In case of liquidation, insolvency or suspension of payment of purchaser, Buyer's obligations are immediately payable.
- Any liability of the seller for damages arising out of or in connection with the performance of an agreement shall be excluded.
Applicable law and choice of forum
- This agreement between the seller and the purchaser is governed exclusively by Dutch law. The Dutch court is competent.
- The applicability of the Vienna Sales Convention is excluded.
- Where one or more of the provisions of these general terms and conditions are deemed to be unreasonably adversely used in a judicial proceeding, the other provisions shall remain unaffected.
- All disputes arising from this match shall be submitted exclusively to the competent court of the Court of The Hague.
Should these terms and conditions change, you will find the most recent version of the disclaimer of www.vogelsnederland.nl on this page.