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General sales & delivery conditionsArticle 1: Suitability1.1 All offers, orders and agreements from "I-billiard.nl" are bound exclusively to this general sale and delivery agreement. 1.2 Acceptance of offers as well as placement of orders means that you accept these terms and conditions. 1.3 Changing of this agreement can only be accepted in writing, in which case the remaining conditions remain in full, unchanged. 1.4 All rights and claims, such as in these conditions and all other eventual agreements stipulated on behalf of "I-billiard.nl", will be equally stipulated on behalf of "I-billiard.nl" by it's agents and other used third parties. Article 2: Offers/Agreements2.1 All offers and prices from "I-billiard.nl" are subject to change and "I-billiard.nl" reserves the express right to adjust the prices, in particular when subject to (lawful) necessary directions. 2.2 An agreement will only become effective after acceptance of your order by "I-billiard.nl". "I-billiard.nl" is legally permitted to refuse orders as well as attach certain conditions applicable to delivery, unless otherwise explicitly agreed. In the case of an order not being accepted, "I-billiard.nl" is required to advise you in writing, within fourteen (14) days from the receipt of your order. 2.3 "I-billiard.nl" uses the services of "mijnWinkel B.V" for all offers of products via internet. Article 3: Prices and Payments3.1 The prices for the offered products and services are presented in Euro, inclusive V.A.T. but exclusive packaging and postage costs. The prices are exclusive of other taxes and/or levies, unless otherwise stated or agreed in writing. Inhabiters of countries outside Europe may claim there 'tax free' at the tax office in The Netherlands. 3.2 Payment can be made on-line, within fourteen (14) days of the placement of the order, either as payment in advance (via bank transfer) or credit card. For on-line payment, "I-billiard.nl" has signed an agreement with "Triple deal payment services" in Maarn, Holland. Triple Deal is a Dutch based international payment solutions provider with specialized solutions in the fields of online and offline payment services. 3.3 By late payment, you are deemed to be in default from the date that the payment was due, and you are then subject to a "late payment" interest charge of one percent (1%) per month, or part thereof, over the remaining, outstanding account. If the late payment is remitted after a reminder from "I-billiard.nl", an administration charge of Euro 20 will be appended to your bill. In the likelihood that "I-billiard.nl" retains the services of an external collection agency, you will also be charged for the collection fee, which will be at least fifteen percent (15%) of the remaining outstanding sum, the authority of "I-billiard.nl" to demand the actual costs involved due to the use of an independent collection agency notwithstanding. 3.4 In the event that you default on any payment, "I-billiard.nl" is lawfully within it's rights to suspend and eventually to terminate the agreement concerned, including any connected agreement(s). 3.5 In the event that the price of the offered products increases in the period between the placement of your order and the execution thereof, you are legally within your rights to cancel the order, and also to cancel the agreement, and then within ten (10) days after the advice of the price increase from "I-billiard.nl". Article 4: Delivery4.1 The delivery schedules as stated by "I-billiard.nl" are and indication only. Differences in any delivery schedule do not allow any damage claims on your part, neither does it allow on your part the right to cancel an order or agreement/contract, unless the delivery schedule delay is such that it can not reasonably be expected of you to continue with said agreement. In such a case, you are legally justified in canceling the order and also, should that be deemed necessary, the contract. 4.2 Delivery of the product(s) will take place at the place and time at which the product(s) are ready to be shipped to you. Article 5: Conditions of Ownership5.1 The ownership of delivered products occurs only when all that which is due/owed according to the agreement with "I-billiard.nl" has been remitted in full. All risks in relation to the products will be transferred to you at the time of acceptance of delivery. Article 6: Advertising and Liability6.1 You are required to inspect the product upon delivery, in order to assure that it complies with the terms and conditions of the agreement. In the case that this is not so, you are required to notify "I-billiard.nl" in writing as soon as possible, in any case within three (3) days after delivery. 6.2 Should it be established that the product does not comply with the terms and conditions of the agreement, "I-billiard.nl" has the choice of either replacing the product or reimbursing the amount of the order value. 6.3 In case you, for any reason, do not wish the delivery of a product, you are legally justified in returning the said product, undamaged and in the original packaging, within fourteen (14) days of delivery to "I-billiard.nl". All costs incurred are for your account. Article 7: Ordering/Communication7.1 "I-billiard.nl" is not accountable, in the event of errors, damage, delay or incomplete order details and notifications as a result of the use of internet or any other communications method between "I-billiard.nl" and you, as well as between "I-billiard.nl" and third parties in as much as said third parties are part of the communication between you and "I-billiard.nl", unless there is reason to believe that "I-billiard.nl" is deliberately at fault. Article 8: Unavoidable Situations8.1 All future rights notwithstanding, in the event of 'circumstances beyond their control', "I-billiard.nl" has the right at it's discretion to postpone/cancel the implementation of your order as well as to cancel the agreement, without the use of legal interference, not without having first notified you in writing. In the case of 'circumstances beyond their control', "I-billiard.nl" is not accountable for any damages incurred. 8.2 Under 'circumstances beyond their control', is understood all shortcomings which are not attributable to "I-billiard.nl" or their agents or third parties, due to the fact that they are not to blame according to law, court order or immunity. Article 9: Miscellaneous9.1 In case one or more of the definitions of these conditions, or any other contract with "I-billiard.nl" is in conflict with any appropriate law/rule, the definitions concerned will be deemed nul and void and will be replaced with new, legally acceptable, similar definitions devised by "I-billiard.nl". 9.2 "I-billiard.nl" is authorized, in the execution of you order, to engage the services of third parties. Article 10: Applicable rights and qualified judge10.1 All rights, liabilities, offers, orders and agreements that apply to these conditions, are answerable only to Dutch law. 10.2 All disputes between parties will be exclusively handled by the appropriate Dutch court. v-17/10/2002
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