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TERMS AND CONDITIONS CarpexOnline.EU
Table of contents:
Article 1 - Definitions
Article 2 - Identity of Carpex
Article 3 - Scope of application
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the Customer during the cooling-off period
Article 8 - Exercising the right of withdrawal by the Customer and its costs
Article 9 - Obligations of the Carpex in the case of withdrawals
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 11a – Currency
Article 11b – Incorrect price
Article 12 - Compliance and extra warranty
Article 13 - Delivery and execution
Article 14 – Continuing performance transactions: duration, cancellation and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 – Divisibility and interpretation
Article 19 – Liability
Annex: Standard form for withdrawal
ARTICLE 1 – IDENTITY OF Carpex
Name: SD Group B.V.
Trading as: CARPEX
Limmerick 17, 1043 AR Amsterdam
Phone number: +31 020 2629229
Opening hours: Monday till Friday 9.00 AM till 5.00 PM
Email address: [email protected]arpexonline.eu
Chamber of Commerce identification number: 59751061
VAT identification number: NL860143624B01
ARTICLE 2 – DEFINITIONS
In these conditions, the following definitions shall apply:
- Additional agreement means an agreement whereby the Customer products, digital content and/or services acquires in connection with a distance contract and these matters, digital content and/or services are provided by Carpex or by a third party on the basis of an agreement between that third party and Carpex;
- Cooling-off period: the period during which the Customer can make use of his right of withdrawal;
- Customer: any person or entity contracting with Carpex, regardless whether they are enterpreneur or not;
- Day: calendar day;
- Digital content: data that are produced and supplied in digital form;
- Continuing performance agreement: an agreement that aims at the regular delivery of goods, services and/or digital content over a certain period of time;
- Durable medium: any device including email that enables the Customer or Carpex to store information that is addressed to him personally, in a way that future consultation or using it over a period of time and adequate for the purpose for which it is intended, and which allows the unchanged reproduction of the information stored;
- Right of withdrawal: the ability of the Customer to within the cooling-off period opt out of the contract;
- Distance contract: an agreement between Carpex and the Customer under an organized system for distance selling of products, digital content and/or services until the conclusion of the agreement exclusively or shared use is made of one or more means of distance communication;
- Standard withdrawal form: it is enclosed in annex I to this European standard withdrawal form. The form need not be submitted if the Customer has no right of withdrawal in respect of his order;
- Means of distance communication: means that can be used to conclude a contract, without the Customer and Carpex having to meet in the same room.
ARTICLE 3 – SCOPE OF APPLICATION
- These general conditions (hereafter referred to as Terms) apply to all offers of promotions, orders and agreements of Carpex and on any distance contract concluded between Carpex and the Customer.
- All rights and claims belonging to Carpex as enclosed in these Terms or in other contracts are also contracted for mediators and other third parties commissioned by Carpex.
- Before the distance contract is concluded, the text of these Terms will be made available to the Customer. If this is not reasonably possible, Carpex will indicate how the Terms can be consulted and that on request of the Customer the Terms are sent as quick as possible and free of charge.
- If the distance contract is concluded electronically, then by way of derogation from the previous paragraph, and before the distance contract is concluded, the text of these general conditions to the Customer electronically will be made available in such a way that the Customer can easily store it on a durable medium. If this is not reasonably possible, Carpex will indicate where the Terms by electronic means can be consulted before the distance contract is concluded. At the Customer’s request, by electronic means or otherwise, the Terms will be sent free of charge.
- In addition to these general conditions specific product or service conditions apply, the fourth and fifth members shall apply mutatis mutandis. In the event of conflicting conditions, the customer can always rely on the applicable provision that is most favorable to him.
- If a contract is concluded orally, compliance is postponed till the moment that the buyer has sent a written confirmation of the order.
- Carpex can alter these Terms unilaterally and alterations shall also apply to existing agreements understanding that alternations during the period of an offer the most favorable provison shall apply. Altered terms are available on request and free of charge.
- The right of withdrawal as laid out in Article 6 ff. of these Terms is no applicable to a Customer that is not a consumer. A consumer is a person who is not acting for purposes related to his trade, business, craft or profession.
- In case the content of these Terms is in conflict with any provision in its Dutch equivalent, the Dutch equivalent shall prevail.
ARTICLE 4 – THE OFFER
- If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to a proper assessment of the offer by the Customer as possible. If Carpex uses pictures, these are a true reflection of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer shall not be binding to Carpex.
- Every offer will contain such information that clear to the Customer what rights and obligations are involved in accepting the offer.
- Every offer clearly sets out the information for the Customer with regards to its rights and obligations in light of accepting the offer.
ARTICLE 5 – THE AGREEMENT
- The agreement is concluded – under the conditions set out in member 4, at the time the Customer accepts the offer and complies with the applying conditions.
- If the Customer has accepted the offer electronically, Carpex will immediately confirm receipt of the electronic acceptance of the offer. So long as the receipt of this acceptance has not been confirmed by Carpex, the Customer may rescind the contract.
- If the contract is concluded electronically, Carpex will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Customer can pay electronically, Carpex will appropriate security measures.
- Carpex may inspect within legal scopes the Customer’s ability to fulfill his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If Carpex on the basis of this research has good reasons not to conclude the agreement, he is entitled to refuse an order or request or to stipulate special conditions.
- Carpex will send upon delivery of the product, service or digital content to the Customer the following information, in writing or in such a way that the Customer can store it on an accessible durable medium:
- the visiting address of Carpex where the Customer can lodge complaints;
- the conditions under which and how the Customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on existing after-sales service and guarantees;
- the price including all taxes of the product, service, or digital content; where applicable the costs of delivery; and the arrangements for payment, delivery or performance of the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
- If the Customer has a right of withdrawal, the standard withdrawal form.
- In case of a continuing performance transaction, the stipulation in the previous paragraph applies only to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
- The Customer may rescind a contract with respect to the purchase of a product during a cooling-off period of 14 days without giving any reason. Carpex may ask the Customer about the reason of withdrawal, but may not oblige the Customer to do this.
- The cooling-off period starts on the day after the Customer, or on behalf of third party other than the carrier, the product has received, or:
- If the Customer has multiple products ordered in the same order: the day on which the Customer, or a third party assigned by him, has received the final product. Carpex may refuse an order of several products with different delivery times, provided that the Customer is clearly informed about this prior to the ordering process.
- If the supply of a product consists of several consignments or parts: the day on which the Customer, or a third party assigned by him, has received the last shipment or piece;
- in the case of agreements for regular delivery of products over a period of time: the day on which the Customer, or a third party assigned by him, has received the first product.
Appendix: Standard form for withdrawal
ARTICLE 7 – OBLIGATIONS OF CUSTOMER DURING COOLING-OFF PERIOD
- During this period the Customer shall handle the product and its packaging with care. He will extract or use the product only to the extent necessary to the nature, characteristics and operation of the product. The starting point is that the Customer should only handle and inspect the product as he would in a store.
- The Customer shall only be liable for depreciation of the product that is the result of a way of coping with the product that goes beyond allowed in member 1 of this article.
- The Customer shall not be liable for any depreciation of the product if Carpex has not informed him before or at the conclusion of the agreement with all mandatory information about the right of withdrawal.
ARTICLE 8 – EXCERCISE OF THE RIGHT OF WITHDRAWAL BY THE CUSTOMER AND COSTS
- If the Customer exercises his right of withdrawal, he reports this within the cooling-off period using the model form for withdrawal or on another unambiguous way to Carpex.
- As fast as possible, but within 14 days from the day following the notification referred to in member 1, the Customer shall send the product back, or he hands it over (a representative of) Carpex. This is not required if Carpex has offered to pick up the product. The Customer has taken account the term for returning the product if he returns the product before the withdrawal period has expired.
- The Customer shall send back the product with accessories, if reasonably possible all delivered in original condition and packaging, and in accordance with the reasonable and clear instructions by Carpex.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
- The Customer shall bear the direct costs of returning the product. If Carpex has not reported that the Customer has to bear these costs or if Carpex indicates that it will bear the costs itself, the Customer does not bear the costs.
- The Customer shall not bear the costs for the full or partial delivery of digital content which is not delivered on a material carrier, if:
- prior to its delivery the Customer has not explicitly agreed to the start the compliance of the agreement before the end of the cooling off period;
- He has not agreed to losing his right of withdrawal in giving his consent; or
- Carpex has failed to confirm this statement from the Customer.
- If the Customer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved.
ARTICLE 9 – OBLIGATIONS OF Carpex DURING WITHDRAWAL
- If Carpex allows the notification of withdrawal by the Customer electronically, it sends an acknowledgement of receipt of this notification without delay.
- Carpex shall reimburse all payments from the Customer, including any delivery charges for the returned product without delay, but within 14 days following the day on which the Customer reports the withdrawal. Unless Carpex offers to pick up the product, he may wait with the refund till he has received the returned goods or when the Customer can prove that he has returned the product, depending which event occurs earlier.
- Carpex refunds the due amount on the same method of payment that the Customer used, unless the Customer consents to another method. The refund is free of charge for the Customer.
- If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Carpex is not required to reimburse the additional costs for the more expensive method.
ARTICLE 10 – EXCLUSION RIGHT OF WITHDRAWAL
Carpex can exclude the following goods and services from the right of withdrawal, but only if Carpex explicitly mentions this in the offer or at least before the conclusion of the agreement:
- Products or services of which the price is subject to fluctuations on the financial market on which Carpex has no influence and located and which may occur during the withdrawal period;
- Manufactured products according to the Customer’s specifications, which are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Customer, or which are clearly intended for a specific person;
- Products that decay quickly or have a limited shelf life;
- Sealed products that are not suitable to be returned for reasons of health protection or hygiene and were unsealed after delivery;
- Products after delivery by their nature irrevocably mixed with other products.
ARTICLE 11 – PRICE
- During the period of validity mentioned in the offer prices of the products and/or services are not increased, except for price changes due to changes in law.
- By way of derogation from member 1 Carpex may stipulate price increases that are not the result of changes in law.
- When Carpex increases the stipulated price within three months after concluding the agreement, the Customer is allowed to dissolve the agreement.
ARTICLE 11A – CURRENCY
- All mentioned prices for offered goods and services are in Euros, including VAT and excluding shipping costs, possible taxes or other fees, unless mentioned or stipulated differently.
- If the price is in a foreign currency, the price in this foreign currency will never be more than the equivalent price in Dutch currency as in force on the moment of accepting the order.
ARTICLE 11B – INCORRECT PRICE
If the website of Carpex mentions obviously incorrect prices due to a software failure or human mistake, Carpex reserves the right to alter the prices. The Customer always has the possibility to dissolve the agreement in such a case. The Customer is informed about the incorrect price by email.
ARTICLE 12 – COMPLIANCE AGREEMENT AND EXTRA WARRANTY
- Carpex guarantees that the products and/or services comply to the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and existing legal provisions and/or Government regulations on the date of the conclusion of the agreement. If agreed upon, Carpex may also guarantee that the product is suitable for other than normal use.
- An extra warranty granted by Carpex, its supplier, manufacturer or never limits the legal rights and claims that the Customer has under the agreement with Carpex can appeal to, if Kosmobox on its part has gravely fallen short in complying to the agreement.
- Extra wararnty shall mean any undertaking by Carpex, its supplier, importer or producer in which it assigns to the Customer certain rights or claims that go beyond what is required by law in case he gravely falls short in complying to the agreement.
ARTICLE 13 – SHIPPING AND EXECUTION
- Carpex will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the Customer has submitted to Carpex.
- Subject to what about this in article 4 of these Terms, Carpex accepts orders within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not or only partially delivered to the Customer, the Customer is informed of this no later than 30 days after the order was placed. The Customer in this case the right to terminate the contract without a penalty and with the right to possible compensation.
- After dissolution in accordance with the previous member, Carpex will refund the Customer with the sum paid without delay.
- The risk of damage and/or loss of products rests with Carpex till the moment of delivery to the Customer, unless explicitly agreed otherwise.
- Mentioned delivery periods are estimated and based on the availability of goods and typical delivery priods. All products are being sent on behalf of and at the risk of the Customer.
- Every Customer is responsible for import duties, fees and taxes applicable in his country. The Customer indemnifies Carpex for every law regarding import duties imposed by the country of destination.
ARTICLE 14 – CONTINUING PERFORMANCE TRANSACIONS: DURATION, TERMINATION AND RENEWAL
- The Customer may contract for an indefinite period, which extends to the regular delivery of products or services, at any time terminate the applicable termination rules and a notice of up to one month.
- The Customer may contract for a definite period, which extends to the regular delivery of products or services at any time by the end of the fixed period terminate the applicable termination rules and a notice of up to one month.
- The Customer can cancel the agreements mentioned in the previous paragraphs:
- at any time and not be limited to cancellation at some time or in a given period;
- at least in the same way as they are entered into by him;
- with the same notice period as Carpex has stipulated for itself.
- A contract for a definite period, which extends to the regular delivery of products or services should not be extended or renewed tacitly for a certain duration.
- A contract for a definite period, which extends to the regular delivery of products or services, may only be extended tacitly for an indefinite period if the Customer may cancel at any time with a notice of up to one month.
- If an agreement has a duration of more than one year, the Customer may cancel the agreement only after with a one month’s notice, unless cancellation before the end of the agreed term is unreasonable.
ARTICLE 15 – PAYMENT
- Payment should be executed without discount or compensation within fourteen days after the date of the invoice for shippings within the Netherlands, and within twenty-one days after the date of the invoice for shippings outside the Netherlands, unless agreed upon differently in writing.
- In case of paying by bank the date amount of payment shall be the date on which the bank account of Carpex is being credited.
- If prepayment is stipulated, the Customer cannot appeal any right regarding the execution of his order before the stipulated prepayment has been made.
- The Customer is obliged to report inaccuracies in payment data without delay to Carpex.
- If a Customer does not fulfill his payment obligations, the Customer shall get a term of fourteen days to carry out the due payment. After this fourteen day term, Carpex is entitled to extrajudicial collection costs. This collection costs shall not exceed the following levels: 15% on outstanding amounts till €2.500, =; 10% over the subsequent €2.500, = and 5% on the subsequent €5.000, with a minimum of €40. Carpex may use different amounts and percentages in favor of the Customer.
ARTICLE 16 – COMPLAINTS PROCEDURE
- In case the Customer has a complaint about delivered goods, the Customer can contact Carpex Customer Service via the contact form.
- Carpex strives to:
Process complaints as soon as possible;
2. Inform the Customer during which term a complaint is being solved;
3. To inform the Customer about the status of his complaint.
- Complaints about the execution of the agreement must be reported within a reasonably quick term as soon as defaults are noticed. Submissions must contain a complete and clear discription of the complaint.
- Carpex replies to complaints within a term of fourteen days from the day of receipt. If a complaint needs a foreseeable longer term of processing, Carpex replies within fourteen days after receipt of the complaint with a confirmation of receipt and an expected term in which a more elaborate answer can be expected.
- The Customer needs to grant Carpex a period of at least four weeks to solve complaints mutually.
ARTICLE 17 – DISPUTES
- Dutch law is applicable on these Terms as well as on every agreement with Carpex, except in case of conflict with imperative national law. All disputes that may rise directly or indirectly from an agreement with Carpex shall only be settled by the authorized Dutch judge.
- On agreements between Carpex and a Customer that acts related to his business or profession and that is settled in another EU Member Sate, Dutch law is solely applicable. This is regardless the question which law the controls the contractual relation between parties.
- The Dutch judge is solely authorized to judge about a dispute that has risen from a specific legal relationship, regardless whether parties are settled in an EU Member State or not.
ARTICLE 18 – DIVISIBILITY AND INTERPRETATION
- In case one or more provisions in these Terms appear to be legally invalid, the remaining Terms shall remain in force. Parties will mutually discuss about invalid provisions and will ensure to create a replacing provision that is legally valid and that agrees as much as possible to the aim of the provision that is to be replaced.
- These Terms are solely applicable on contracts between Carpex and Customers. In case Carpex refers to two or more terms and conditions, an acceptation of the Customer shall be meant for all of the terms and conditions referred to.
- In case of conflicting terms and conditions, these Terms are solely applicable.
ARTICLE 19 – LIABILITY
- Indemnification and liability
- The content on the website is solely meant as general information and not as a diagnostic or therapeutic advice and/or on another way as a replacement for medical advice. Carpex is neither liable for the efficacy of products, the contents of enclosed leaflets by manufacturers, informative texts, descriptions of treatment methods and other descriptions on the website nor any guarantees can be granted. Carpex does not give legal and/or medical advice nor provides medical and/or diagnostic services. If a customer trusts on the correctness of the provided information on or via the website, then he acts entirely at his own risk and expense.
- Neither Carpex nor any of its owners, managers, directors, staff members, representatives, partners, advertisors or affiliated businesses is responsible for any incorrect, inexact, incomplete or misleading information on the website and/or provided during the payment process.
- Every Customer will indemnify and compensate Carpex entirely with regards to losses, costs or damage (including reasonable costs for lawyers, experts or other reasonable legal costs) arising from, existing as a result of or affiliated on any way to:
Incompliance of the Customer to these Terms;
2. Unauthorized or unlawful use of the website by the Customer;
3. An incorrect presentation of facts on part of the Customer during the visiting of the website;
4. Claims by persons or entities other than parties at the contract, resulting from or related to the use of the website by the Customer.
- Viruses, hacking and other offenses
- It strictly prohibited to misuse the website by deliberately introducing viruses, trojan horses, worms, logical bombs or other material that is malicious or technologically harmful. It is furthermore prohibited to get access tot he website, the server on which the website is saved or any server, computer or database that is related tot he website without authorization. Perpretating the forementioned acts is a criminal offence and Carpex reports such offences to the authorized legal enforcement authorities. Carpex shall coorperate in enclosing the identity of the Customer to the forementioned authorities. In case of such an offence the right of the Customer to use the website ends immediately.
- Carpex is never liable for loss or damage cause by a distributed ‘denial-of-service’ attack, viruses or other technologically harmful material that infect computer devices, computer software, data or other material protected by property law as a result of using the website or downloading of materials on the website or any other website linked to it.
Appendix Standard Withdrawal Form
Fill in and return this form only if you want to withdraw from the contract
SD Group B.V.
1046 AK Amsterdam
I/we hereby notice my/our withdrawal from the contract of sale of the following products:
Ordered on (*)/Received on (*):
[only when this form is sent on paper]