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Conditions webshop www.DutchTobacconist.nl
Terms of www.DutchTobacconist, established in Amsterdam.
Version valid from 1.7.2015
Article 1. General
1.1 Under-www.Dutch-Tobacconist in these general terms is understood Hartman Cigars & More
1.2 These conditions form part of all offers and agreements with www.DutchTobacconist insofar as not expressly in writing.
1.3 With due observance of the provisions of Article 6.4, these conditions also apply if www.DutchTobacconist.nl for the implementation of all agreements should enable third parties.
1.4 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties not www.DutchTobacconist.nl are not recognized.
1.5 In the event the Terms and Agreement would contain conflicting clauses, the Agreement shall prevail.
1.6 If any part of the Terms is invalid or unenforceable, the remaining provisions of the Terms remain in full force and the parties are bound to endeavor, in good agreement a replacement clause to establish valid and the original intentions of the parties as much as possible.
Article 2. Offers and development agreements
2.1 All offers are without obligation unless expressly stated otherwise by www.DutchTobacconist.nl
2.2 Contracts to supply goods and / or services www.DutchTobacconist.nl binding after written confirmation. Actual implementation by www.DutchTobacconist.nl or a www.DutchTobacconist.nl invoice sent equates to a written confirmation of the offer.
2.3 If within 8 days, also in writing, the accuracy of the contents of this written confirmation is disputed, are www.DutchTobacconist.nl and customer-bound.
2.4 Offers of www.DutchTobacconist.nl do not apply automatically to repeat orders.
2.5 www.DutchTobacconist.nl can not be held to its offer if the customer should understand that the offer, or any part thereof, an obvious mistake or error contained.
2.6 Supplements, amendments and / or further agreements are only valid if agreed in writing.
Article 3. Prices / price increases
3.1 All prices, unless otherwise indicated, expressed in euros, including tax (VAT).
3.2 www.DutchTobacconist.nl ensures that price increases after the conclusion of the agreement will not take place unless the price is the result of laws and / or provisions.
3.3 If the price is not the result of legal regulations and / or provisions, the consumer has the right to the distance contract to terminate at the date the increase takes effect.
Article 4. Delivery
4.1 If goods are in stock, they are immediately after payment of the order sent. For sending items ordered www.DutchTobacconist.nl will charge shipping costs. The delivery of ordered goods takes place at the www.DutchTobacconist.nl-known mailing address, other than temporary, and issued to the natural person who is at the delivery address.
4.2 On the supply obligation www.DutchTobacconist.nl will, subject to proof, are satisfied once the by-www.DutchTobacconist.nl once delivered to the customer are offered. For home delivery extends the report of the carrier, alleging refusal of acceptance, the full proof of the offer to supply, subject to proof.
4.3 In case of refusal of the goods offered will return freight and storage costs, and the risk of damage or loss of the rejected cases entirely borne by the customer unless the customer was entitled to the right to terminate the purchase or replacement of the item invokes.
Article 5. Delivery
5.1 A by-www.DutchTobacconist.nl specified delivery can never be regarded as a deadline. The delivery period only starts after all required information in the possession of www.DutchTobacconist.nl, after which www.DutchTobacconist.nl will seek to within 30 days of delivery will occur.
5.2 In the context of the rules of distance selling will www.DutchTobacconist.nl (contractor) orders expeditiously, but at least within 30 days. If this is not possible (because the ordered is out of stock or no longer available), or for other reasons delay, or an order can not or only partly implemented, will receive the consumer (client) within 1 month after placement of the order and in that case he has the right order and notice to cancel without penalty.
Article 6. Dissolution
6.1 Without prejudice to the rights of www.DutchTobacconist.nl based on the law-www.DutchTobacconist.nl authorized by an appropriate written statement to the recipient the agreement wholly or partially suspend or terminate the right to damages against the buyer after the conclusion of the agreement www.DutchTobacconist.nl aware of circumstances which www.DutchTobacconist.nl good ground to fear that the customer does not fulfill its obligations will or if www.DutchTobacconist.nl at the conclusion of the agreement asked to provide security for the fulfillment and security remains off or is insufficient (despite a demand) and in case of bankruptcy of the buyer, a private bankruptcy application by the customer, moratorium, liquidation or a resolution to this effect, total or partial transfer of the business of the customer or seizure of any portion of its assets.
6.2 If circumstances arise with respect to persons and / or materials that www.DutchTobacconist.nl in the performance of the contract or are usually employed, which are such that the execution of the contract impossible or problematic and / or disproportionately expensive that compliance can not reasonably be demanded, www.DutchTobacconist.nl entitled to terminate the agreement.
6.3 The customer has the right to have goods delivered under an order with www.DutchTobacconist.nl if there is a consumer pursuant to Article 7:5 BW, within a period of 14 days without giving a reason agreement, unless otherwise agreed. This period begins when the ordered goods are delivered. If the customer after this period the delivered goods to www.DutchTobacconist.nl has returned, the purchase is a fact. The customer is obliged, before proceeding to return accordingly within the period of 14 days after delivery to make reference to www.DutchTobacconist.nl. The buyer must prove that the goods delivered on time (within 10 days after delivery) were returned, for example by means of a proof of postal delivery. The return of the delivered goods is entirely at the risk and expense of the customer. Return of Goods must be in original packaging (including accessories and documentation) and in new condition. If the goods to the customer are used, mortgaged or otherwise corrupted, the right to terminate under this paragraph. With regard to what is stipulated in the preceding sentence, confirms www.DutchTobacconist.nl after receipt and inspection of the returned goods received the termination of the sale immediately and ensure that within 30 days after reception of the complete return, the full purchase price to the buyer free of charge will be refunded.
6.4 The right of rescission, as described in the preceding paragraph refers only to the goods and shall in no case relating to services such as telephone of the www.DutchTobacconist.nl offered (mobile) network operators. At the latter service, which www.DutchTobacconist.nl only as an intermediary or agent, will the general conditions of the said network operators may apply.
Article 7. Force Majeure
7.1 Force majeure is understood apart from what the law and jurisprudence, all conditions, which www.DutchTobacconist.nl no control and which impede the delivery of goods or impossible, including but not limited to strikes at www.DutchTobacconist.nl and / or suppliers, disruptions in the Internet or WAP, disruptions in the electricity, failures in e-mail traffic and disturbances or changes in technology supplied by third parties.
7.2 A force majeure may also be done if the circumstance rendering (further) fulfillment occurs after www.DutchTobacconist.nl should honor the commitment.
7.3 If the period in which the fulfillment of the obligation by www.DutchTobacconist.nl impossible takes longer than 2 weeks, both parties are entitled to terminate the agreement, without there being any obligation to pay compensation.
7.4 If www.DutchTobacconist.nl the force majeure already partially fulfilled its obligations, or only partially fulfill its obligations it shall be entitled already delivered or the deliverable part separately to invoice and the customer must pay this invoice as if it were a separate contract. This does not apply if the already delivered or deliverable part has no independent value.
Article 8. Warranty
8.1 www.DutchTobacconist.nl offers no extended warranty on goods supplied to the warranty (conditions) of the manufacturer of these things, but without the rights of the buyer arising from mandatory statutory provisions affecting.
8.2 www.DutchTobacconist.nl is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the business.
8.3 The customer is obliged to delivered goods immediately upon receipt to verify. Should the delivered item wrong, inadequate or incomplete, the customer must (before proceeding to return to www.DutchTobacconist.nl) these defects immediately in writing to www.DutchTobacconist.nl. Any defects or faulty goods should and can look up to 2 months after delivery to www.DutchTobacconist.nl be reported in writing. Return of Goods must be in original packaging (including accessories and documentation) and in new condition. Operation after detection of failure, damage occurring after the confirmation of default, encumbrance and / or sale after detection of failure, does the right to claim and return void.
8.4 If the customer complaints by www.DutchTobacconist.nl were well founded, will www.DutchTobacconist.nl at its option or the goods supplied or replaced free of charge to the customer a written agreement about compensation measures, with the proviso that the liability of www.DutchTobacconist.nl and therefore the amount of compensation to be limited to no more than the invoice amount of the relevant property, or (at the option of www.DutchTobacconist.nl) to the maximum in each case the liability of www.DutchTobacconist.nl amount covered. Any liability of www.DutchTobacconist.nl for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits.
8.5 www.DutchTobacconist.nl is not liable for damage caused intentionally or equivalent recklessness of non-managerial staff.
8.6 This warranty does not apply if: A) as long as the purchaser against www.DutchTobacconist.nl in default; B) the customer the delivered goods themselves has repaired and / or modified or repaired by third parties or edit. C) the delivered goods have been exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of www.DutchTobacconist.nl and / or instructions on the packaging; D) were defective in whole or in part the result of requirements that the government has made or will make regarding the nature or quality of materials used;
Article 9. Payment
9.1 Unless otherwise agreed, the payment by bank transfer to take place before delivery of the products. Payment in installments is not possible.
Article 10. Retention
10.1 The ownership of all www.DutchTobacconist.nl to the customer sold and delivered goods remains with www.DutchTobacconist.nl until the customer’s claims www.DutchTobacconist.nl under the agreement or previous or subsequent similar agreements has not satisfied until the customer undertaken or to be performed under these or similar agreements have not yet met and until the customer’s claims www.DutchTobacconist.nl due to shortcomings in the performance of such obligations is has failed, including claims in respect of penalties, interest and costs, all as defined in Article 3:92 BW.
10.2 The by-www.DutchTobacconist.nl goods delivered under reservation of property which may only in the context of normal business activities and must never be used as currency.
10.3 The customer is not entitled under the title falling to pledge or otherwise encumber.
10.4 The customer gives unconditional and irrevocable permission to www.DutchTobacconist.nl or a www.DutchTobacconist.nl to third party appointed, in all cases where www.DutchTobacconist.nl her property to exercise, all those sites and locations where its property is then located and doing business there with you.
10.5 If third parties seize goods delivered under retention of title or rights to establish or exercise, the customer is obliged www.DutchTobacconist.nl as soon as reasonably may be expected to know.
10.6 The customer undertakes the property delivered to insure and keep insured against fire, explosion and water damage and theft and the insurance policy upon request for inspection to www.DutchTobacconist.nl.
Article 11. Privacy
11.1 www.DutchTobacconist.nl respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. This information is www.DutchTobacconist.nl not sold, shared or rented to third parties other than as disclosed in this statement.
11.2 Information that can identify an online visitor to the website of www.DutchTobacconist.nl can be derived, is supplied voluntarily by the visitor. This information can within www.DutchTobacconist.nl (and all its subsidiaries and brands) are used with the aim of the visits to our sites easy and enjoyable as possible. In addition, this information may be used for analysis and providing information about the product of www.DutchTobacconist.nl. The customer gives explicit permission. www.DutchTobacconist.nl is entitled to information about a visitor in special cases to disclose if there is reason to believe that disclosing this information is necessary to identify, in contact with or a process to action against someone who intentionally or not the rights or property of www.DutchTobacconist.nl, other users of its website or others who may suffer damage, harm or causes damage. www.DutchTobacconist.nl is entitled to disclose user information when we believe in good faith that the law requires it.
11.3 www.DutchTobacconist.nl collects non-personal information about our online visitors in order the total number of visitors to the website and identify the type of Internet browser and operating system. Personal Information may request that the online visitor will be removed as long as this www.DutchTobacconist.nl require a disproportionate effort or expense.
Article 12. Intellectual property
12.1 Unless expressly agreed otherwise in writing, based the entire copyright and all other intellectual and industrial property with respect to the www.DutchTobacconist.nl-delivered or services, including trademark rights, design rights, patent rights, sui generis database rights, etc . only at www.DutchTobacconist.nl and / or its suppliers.
12.2 Parties to undertake adequate measures to preserve confidentiality with respect to each other’s confidential data collected in the execution of the agreement peruse.
Article 13. Applicable law
All offers and agreements www.DutchTobacconist.nl only Dutch law. The applicability of the CISG is expressly excluded.
Article 14. Disputes
14.1 The customer may ask for and / or complaints call www.DutchTobacconist.nl the number 020 670 5770, available Monday / Friday from 09.00-18.00. Complaints are usually handled within 30 days. If for any reason this is not possible, the customer is informed of the delay duration.
14.2 The purchaser has the opportunity to submit the dispute to an independent arbitration committee. This may include the disputes committee or other equivalent IDIS disputes committee, without prejudice to the right of recipients to submit the dispute to a competent court.
Article 15. Customs and taxes
Please be aware that www.dutchtobacconist.nl is not responsible for any taxes, duties, or customs fees imposed upon shipments to other countries.
Nor is www.dutchtobacconist.nl responsible if Customs decides to hold the parcel for a certain period.
The BUYER is responsible for assuring that any product purchased from www.dutchtobacconist.nl can be lawfully shipped and or imported to the destination city, state or country. The BUYER is the importer of record and must comply with all laws and regulations of the destination city/state/country. State laws and Customs policies vary widely from state to state and country to country. We are unable to provide refunds in the event that your order was seized by customs or other agencies. Please know your local laws and regulations.
It is the responsibility of the BUYER, to understand, and obey, all applicable local, state, federal and international laws in regard to the possession, and or use, of any item purchased from www.dutchtobacconist.nl. Review your local municipal and state laws before ordering if you are in doubt. By placing an order, the BUYER represents that he or she:
- is at least 18 years old,
- is in compliance with ALL applicable local, state, federal, and international laws,