Fonteyn Spas Europe
CoC number: 08053333
TAX number: NL815219180B01
In these conditions also mean -the seller: anyone who refers in his quote to these conditions; the contractor - the buyer: the party to whom the above mentioned offer is made; the contractor. "Fonteynspas & rdquo;: the enterprise carried on under the trade Fonteynspas by Fonteynspas, established in Uddel and registered in the Trade Register of the Chamber of Commerce under number 08,053,333.
"Buyer" means any natural or legal person to Fonteynspas in a contractual relationship, by virtue of one of our purchase agreement or other agreement, and any natural or legal person with us a sale or other agreement to to go. In particular, the term "buyer" even those meant to be delivered on whose behalf and for whose account products.
Article 1. Applicability
1.1 On all offers, orders and agreements of De Fonteyn Spas (hereafter: Fonteyn Spas) these General Sale Conditions are applicable when other general terms and conditions are excluded .
1.2 Accepting an offer, or placing an order, means that you accept the applicability of these Conditions.
1.3 Exceptions to these Conditions can only be made in written form, in which case other terms will still be fully applicable.
1.4 all rights and entitlements, as these are agreed upon in these Conditions and possible further agreements with regard to Fonteyn Spas, are agreed upon with regard to third parties appointed by Fonteyn Spas as well.
Article 2. Offers/agreements
2.1 All offers of Fonteyn Spas are without any obligations, and Fonteyn Spas explicitly keeps the right to adjust prices, especially when these adjustments are made based on what is (legally) necessary. Also see article 3.6.
2.2 An agreement is only created after Fonteyn Spas accepts your order. Fonteyn Spas holds the right to refuse orders, or attach certain conditions to the delivery, unless otherwise has been explicitly agreed upon. If an order is not accepted, Fonteyn Spas will communicate this within ten (10) working days after receiving the order.
Article 3. Prices and payments
3.1 The indicated prices for the offered products and services are in Euros, including VAT and excluding handling charges and shipment costs, possible taxes or other charges, unless otherwise is indicated or agreed upon in written form. Shipment costs for abroad on request. Other prices than those indicated on the website apply to this. The prices that are indicated on the website apply to the Netherlands, excluding the Wadden sea region. The price for this is also on request.
3.2 Payment can be made with (one of) the method(s) as indicated during the ordering process. Further (payment/order) conditions can be added to your order. For payment per bank, the payment date will be the credit date of the bank number of Fonteyn Spas.
3.3 When exceeding the payment term, you will be in default from the day that the payment should have been made, and a delay interest of 1% per month or part of the month will be charged on top of the due payment. If the payment is made after the reminder by Fonteyn Spas, a sum of twenty-five Euros (EUR 25.-) administration costs will be charged, and if the amount is claimed through outsourced collection, the collection charges will also be on your account, which will be at least (15%) of the amount due, subject to the authority of Fonteyn Spas to claim the exact costs that are made extrajudicial.
3.4 If you failed to pay an amount due, Fonteyn Spas holds the right to postpone or cancel the (execution) of that agreement and the related agreements.
3.6 If the prices for the offered products and services rise in the period between the order and the execution of it, You hold the right to cancel the order or the agreement within ten (10) days after being informed of the raised price by Fonteyn Spas.
Article 4 Delivery
4.1 The indicated delivery times by FonteynSpas are solely an indication. Passing any delivery term will not grant you a right to compensation, or the right to cancel your order or agreement, unless the exceedance of the delivery term is to such an extent that it cannot reasonably be expected of you to keep the agreement. In that case, you have the right to cancel the order or agreement for as far as that is necessary.
4.2. The delivery of products will take place on the place and time on which the products are ready for shipment to you.
Article 5. Retention of ownership
5.1 The ownership of the delivered products will not be transferred before you have paid what is owed to Fonteyn Spas based on the agreement. The risk with regards to the products will be transferred to you at the moment of delivery.
Article 6. Intellectual and industrial property rights
6.1. You are expected to fully and unconditionally respect all intellectual and industrial property rights which lie upon the products delivered by FonteynSpas.
6.2. FonteynSpas does not guarantee you that the delivered products do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Advertisement and liability
7.1 You are obligated to examine the products upon delivery to see if they answer to the agreement. If this is not the case, FonteynSpas should be informed of this as soon as possible, but at least within seven (7) working days after deliver, or at least after it was reasonably possible to find out, in written form and with sufficient details.
7.2 If it is shown that the products do not answer to the agreement, FonteynSpas can choose to replace these products with new ones after they are returned, or to refund the sum of the invoice.
7.3 If you wish to not accept a product for whatever reason, you hold the right to return the product to FonteynSpas within (7) days after delivery. A return will only be accepted in this case if the packaging of the products is undamaged, and the plastic seal of the packaging is not broken, for which the shipping costs of the return are also for your account.
Article 8 Orders/communication
8.1 For misunderstandings, damages, delays or insufficient communication of orders and comments as a result of internet use, or any other means of communication between you and FonteynSpas.com, or FonteynSpas and third parties, for as far as it concerns the relationship between you and FonteynSpas.com, FonteynSpas cannot be held liable, unless it concerns intent or gross negligence of FonteynSpas.com.
Article 9. Force Majeure
9.1.Subject to their other rights, FonteynSpas.com holds the right in case of force majeure to, at their choice, postpone the execution of an order, or terminate an agreement without legal intervention, by informing you about this in written form and without FonteynSpas.com having any obligation to offer a compensation, unless this would be unacceptable in standards of reasonability and fairness.
9.2 Force majeure stand for any shortcoming which cannot be attributed to FonteynSpas.com, because it cannot deem to be their fault, neither according to the law, legal act or cannot be generally accepted to be on their account.
Article 10. Other
10.1 If you inform Fonteynspas.com about an address in written form, FonteynSpas.com holds the right to send all orders to that address, unless you indicated another address on which you would like your orders to be sent to FonteynSpas.com in written form.
10.2 When FonteynSpas.com (implicitly) allows a deviation of these Conditions for a shorter or longer period of time, this does not change their right to demand a strict observance of these Conditions. No rights can be derived based on the fact that FonteynSpas.com applies these Conditions flexibly.
10.3 If one or more provisions of these Conditions or any other agreement with FonteynSpas.com is in violation with any applicable law, that provision will expire and be replaced by a new, similar provision that is to be created by FonteynSpas.com, and that is legally permitted.
10.4 FonteynSpas.com holds the right to make use of third parties when carrying out your order(s).
Article 11 Applicable law and competent court
11.1 On all rights, obligations, offers, orders and agreements to which these Conditions are applicable, as well as on the these conditions, solely Dutch law is applicable.
11.2 All disputes between parties will exclusively be submitted to the competent court in the Netherland.