Terms and Conditions of www.DutchTobacconist.nl

Version valid from July 1, 2015

Article 1: General

• 1.1 “www.DutchTobacconist” in these terms refers to Hartman Cigars & More.
• 1.2 These terms and conditions apply to all offers and agreements with www.DutchTobacconist, unless explicitly stated otherwise in writing.
• 1.3 Subject to the provisions in Article 6.4, these terms also apply when www.DutchTobacconist uses third parties for the execution of agreements.
• 1.4 Unless agreed otherwise in writing, the general or specific terms and conditions of third parties are not recognized by www.DutchTobacconist.
• 1.5 If there is a conflict between these Terms and an Agreement, the Agreement shall prevail.
• 1.6 If any part of these Terms is deemed invalid or unenforceable, the remaining provisions will continue to be in full effect. In such cases, both parties agree to replace the invalid part with a valid clause that reflects the original intentions as closely as possible.

Article 2: Offers and Formation of Agreements

• 2.1 All offers are non-binding unless explicitly stated otherwise by www.DutchTobacconist.
• 2.2 Agreements to supply goods and/or services are binding only after written confirmation from www.DutchTobacconist. Actual delivery or an invoice from www.DutchTobacconist also serves as confirmation.
• 2.3 If the customer disputes the content of a written confirmation, they must do so in writing within 8 days. Otherwise, both www.DutchTobacconist and the customer are bound by the terms.
• 2.4 Offers from www.DutchTobacconist do not automatically apply to repeat orders.
• 2.5 www.DutchTobacconist is not bound by its offer if the customer should have understood that the offer, or part of it, contains an obvious mistake.
• 2.6 Any additions, changes, or further agreements are only valid if made in writing.

Article 3: Prices and Price Increases

• 3.1 All prices are in euros, unless otherwise indicated.
• 3.2 www.DutchTobacconist ensures that price increases will not occur after an agreement has been made, unless due to changes in laws or regulations.
• 3.3 If a price increase is not due to legal regulations, the consumer has the right to cancel the agreement as of the date the increase takes effect.

Article 4: Delivery

• 4.1 If items are in stock, they will be shipped immediately after payment. Shipping costs will be charged for all orders. Delivery takes place at the address provided by the customer, and the package will be handed to a natural person at that address.
• 4.2 If the goods are refused upon delivery, they will be returned. In such cases, any shipping and storage costs, as well as the risk of damage or loss, are borne entirely by the customer, unless the customer had the right to cancel the purchase or request a replacement.

Article 5: Delivery Time

• 5.1 Delivery times indicated by www.DutchTobacconist are estimates, not deadlines. The delivery period starts only after all required information has been provided by the customer.
• 5.2 www.DutchTobacconist aims to deliver orders within 30 days. If delivery is not possible due to stock issues or other reasons, the customer has the right to cancel the order without any consequences.

Article 6: Cancellation

• 6.1 www.DutchTobacconist reserves the right to cancel the agreement wholly or partially if the customer does not meet their obligations or if there are concerns about the customer’s ability to fulfill their obligations.
• 6.2 If circumstances arise that make fulfilling the agreement impossible or unreasonably expensive, www.DutchTobacconist has the right to cancel the agreement.
• 6.3 Consumers have the right to return goods within 14 days without providing a reason. This period starts when the goods are delivered. The customer must notify www.DutchTobacconist within this period if they intend to return an item. Returns must be in the original packaging and in new condition. The cost and risk of return are borne by the customer.
• 6.4 The right of return only applies to goods, not services such as those provided by mobile network operators.

Article 7: Force Majeure

• 7.1 Force majeure includes any circumstance beyond the control of www.DutchTobacconist that prevents delivery, such as strikes, disruptions in internet service, or third-party technological failures.
• 7.2 If a force majeure situation lasts longer than two weeks, either party can cancel the agreement without the obligation to pay damages.
• 7.3 If www.DutchTobacconist has partially fulfilled its obligations, it may invoice the fulfilled part separately.

Article 8: Warranty

• 8.1 www.DutchTobacconist offers no additional warranty beyond that provided by the manufacturer.
• 8.2 www.DutchTobacconist is not responsible for the suitability of goods for individual purposes or for advice on their use.
• 8.3 Customers must inspect delivered goods immediately and report any defects within two months.
• 8.4 If www.DutchTobacconist finds a complaint to be justified, it may replace or repair the item, or agree on compensation.

Article 9: Payment

• 9.1 Unless agreed otherwise, payment must be made by bank transfer before delivery. Payment in installments is not possible.

Article 10: Retention of Title

• 10.1 The ownership of all goods sold and delivered by www.DutchTobacconist remains with www.DutchTobacconist until the customer has fulfilled all obligations.
• 10.2 Delivered goods under retention of title may only be used as part of normal business operations.
• 10.3 The customer is not allowed to pledge or encumber the goods.

Article 11: Privacy

• 11.1 www.DutchTobacconist respects the privacy of its website visitors and does not sell, share, or rent personal information to third parties unless stated otherwise.
• 11.2 Personal data provided voluntarily by visitors may be used to improve website experience and to provide product information.

Article 12: Intellectual Property

• 12.1 All intellectual property rights related to the products and services provided by www.DutchTobacconist remain with www.DutchTobacconist and/or its suppliers.

Article 13: Applicable Law

• 13.1 All offers and agreements are governed by Dutch law. The applicability of the CISG is expressly excluded.

Article 14: Disputes

• 14.1 Customers can contact www.DutchTobacconist for complaints, which are usually handled within 30 days.
• 14.2 Customers have the option to submit disputes to an independent arbitration committee.

Article 15: Customs and Taxes

• 15.1 www.DutchTobacconist is not responsible for any taxes, duties, or customs fees on international shipments, nor for parcels held by customs.
• 15.2 The buyer is responsible for ensuring that any product purchased can be lawfully imported to the destination city, state, or country.
• 15.3 The buyer must comply with all laws and regulations of the destination city/state/country. We are unable to provide refunds if an order is seized by customs or other agencies. Buyers should be aware of local laws and regulations before placing an order.
• 15.4 By placing an order, the buyer confirms compliance with all applicable local, state, federal, and international laws, and that they are at least 18 years old.