Terms and Conditions WHITE DOTS
1092 TS Amsterdam
VAT number: NL204555267B01
3.Conclusion of contract
5.Right of withdrawal
8.Term of payment
9.Warranty + liability
11.Reservation of title
1 SCOPE & CONSUMER INFORMATION
We (WHITEDOTS) will execute your order according to the General Terms and Conditions applicable at the time of the order. The General Terms and Conditions are available our website www.whitedots.nl under the heading “Terms and Conditions”. Our “General Terms and Conditions” shall apply exclusively for the entire business relationship.
English and Dutch shall be the language for all negotiations and contact.
Your contract and ordering details, as well as the text of the contract, will be stored by us – a direct access is not possible for security reasons. You will have the opportunity to sign up on our website via “My account” with your user name and your password, and thus to retrieve your profile, your address and your order history if necessary. Your personal access data are intended only for you and must not be disclosed for third-parties to access.
As part of the ordering process, you have the opportunity via the e-mail address on our website to recognize and correct any entry mistakes before submitting the contract declaration.
2 REGISTERING A USER ACCOUNT
The registration of a user account is only permitted for legal persons and for natural persons having legal capacity, natural persons and partnerships, as well as legal persons. Minors may not register. The registration of a legal person may only be carried out by an authorized natural person, who must be named.
When completing the registration application, provide truthful, accurate, current and complete information about the data requested in the registration forms. In the case of not fully completed registrations of member accounts, as well as in the case of discredited or incorrect information, we reserve the right to refuse the registration of a member, to cancel with immediate effect or to delete a member’s account after a reasonable time.
Any disruption of our homepage or the further use of your user account outside the intended use provided for in these terms and conditions is prohibited. In particular, manipulation with the aim of causing harm, to completely or temporarily interfere with and affect the use our website or to obtain unauthorized payments or to bring about other advantages to our disadvantage, are prohibited. Infringements will be pursued according to both civil as well as criminal laws.
In the event of a violation of §2.1 and §2.3 or concrete suspicion of such a breach, in which there is a danger of damage, we are entitled to freeze your user account immediately.
We are not obliged to accept your registration or your order. We are not obliged to permanently maintain the availability of our website or your account. Already confirmed contracts shall remain unaffected, however.
You can delete your account at any time.
3 CONCLUSION OF CONTRACT
Our offers are subject to confirmation and are non-binding. The presentations on our websites represent as such no legally binding offer. You can order from us on our website by phone, laptop or tablet. When ordering via our website in the online shop, by clicking on the button “buy now” you will issue a binding offer to conclude a purchase contract for the desired goods.
We are entitled to accept your offer within 5 calendar days by sending a confirmation of the contract (by email), as well as by carrying out the order. If your offer is not accepted by us within 5 calendar days, the offer shall be deemed to be rejected. No contract is concluded for products that are not listed in the order confirmation.
We ship goods to you no later than 1-5 working days after receiving the payment. The goods will be shipped to you via PostNL In case of delay of the shipping WHITE DOTS will inform you by e-mail of phone.
If you order a product that was available in accordance with the article description, and we have not been supplied with this product from our suppliers with no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if applicable, suggest an alternative similar product. If no comparable product is available, or you do not want delivery of a comparable product, we will refund any amounts which have already been paid without delay. The right to withdraw from the contract shall also apply in this case.
We are entitled to make partial shipments and/or services, as far as this does not affect any conflict of interests unreasonably. Should a partial delivery become necessary, we shall, of course, accept the additional shipping costs. No further costs shall arise for you.
The delivery time is extended appropriately if the delivery is affected by a force majeure situation. Force majeure shall be deemed to be, for example, subsequent material procurement difficulties, riot, strike, lockout, malfunction, fire, natural disasters, transportation disruptions, change to the statutory provisions, official measures or regulations or the occurrence of other unforeseeable events, which are beyond our control and which – taking an objective point of view – have not been caused by any culpable conduct on our part. Should one of the above described cases arise, we shall inform you immediately. If this hindrance to performance should last longer than four weeks, you are entitled to withdraw from the contract. In this case, further claims, in particular for damages, do not exist. This does not apply as far as in cases of wilful intent or gross negligence, in case of assurances, or due to breach of essential contractual obligations caused by simple negligence or if compulsory liability applies in foreseeable damage typical for contracts for legal reasons, due to mandatory liability.
5 RIGHT OF WITHDRAWAL
Consumers have a legal right of withdrawal. You can find the relevant instructions, as well as a sample withdrawal form, at the end of these General Terms and Conditions.
All prices are amounts in Euros and include value added tax. Postage and shipping costs shall be added according to the following list (see §7).
7 SHIPPING COSTS (DOMESTIC AND FOREIGN)
Shipping cotst; €4,95
Return costs: These costs have to be paid by the costumer. These cannot be determined in advance, they will be calculated at the postal office.
8 TERMS OF PAYMENT
The payment of the purchase price is due immediately with the conclusion of the contract. If the due date of payment on the invoice is determined according to the calendar, you will already be in default by non-observance of the date. In the event of default, we are entitled to charge interest at the rate of 5 percentage points above the respective base interest rate for the year. In the case of legal transactions, in which a consumer is not involved, we reserve the right to demand interest on compensation claims in the event of default at a rate of 8 percentage points above the base interest rate. We reserve the right to prove higher default losses caused by delay and to assert.
We accept only payment in advance, iDeal and PayPal. In order to process your payments, we will transmit your data upon completion of your order via a safe connection to our payment service provider Mollie.
Payment via PayPal: here you pay the invoiced amount via the online service provider PayPal. You have to register with PayPal and/or be registered, so that you can legitimize your access data and confirm the payment instruction to us (exception is in the case of guest access, if applicable). You will receive further instructions in the course of the order process. After the amount has been received in our bank account, the goods will be sent.
General discount clause:
- a) discount codes cannot be taken into account in hindsight, unfortunately.
- b) discount codes do not apply for reduced articles.
9 WARRANTY & LIABILITY
Warranty shall be dependent upon the statutory provisions. In case of a complaint, we ask for proof of the purchase date by means of the invoice and sending the article complained about together with a copy of the invoice to the WHITE DOTS. Normal wear and tear of the goods do not justify a warranty claim.
The right to subsequent fulfilment as well as the right to withdraw from the contract or to reduce the purchase price shall be available to the extent provided by law.
We assume no liability for damage and defects that arise from improper use, handling and storage, negligent or faulty care and maintenance, by overuse or improper repair by a non-authorized service partner.
The warranty period for entrepreneurs is reduced to 1 year for defects, if there is no case for compelling liability. Claims for compensation shall also remain unaffected by the shorter limitation period.
Further claims, in particular for consequential damage, shall be fundamentally excluded. This does not apply in cases of intent, gross negligence or breach of essential contractual obligations by us, as well as in the case of injury to life, body or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those, the fulfilment of which allows the proper execution of the contract to be possible at all, and upon whose compliance you can regularly trust and can rely on.
We exclude our liability for slightly negligent breaches of duty, provided that no essential contractual duties, damages arising from injury to life, body or health, or guarantees, or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the case of damage caused in any other way, we are liable for intent and gross negligence, also for our vicarious agents, according to the statutory provisions. The same applies to negligent damage from injury to life, body or health. For damage to property and pecuniary loss, we and our vicarious agents are only liable for negligence caused by a breach of an essential contractual obligation, however the amount is limited to damage which is foreseeable upon conclusion of and typical for contracts. Essential contractual obligations are those, the fulfilment of which characterises the contract and upon which the customer can rely on.
Please take note of the washing instructions, which you can find on the labels of the articles. If care instructions are not properly followed, modifications to the products have been made or care materials are used which we have discouraged, and/or were explicitly declared by us as non-compatible with the purchased item, or do not meet the minimum average quality claim, no warranty shall be granted.
11 RESERVATION OF TITLE
The delivered goods shall remain in our ownership until full payment has been made. If you come in arrears with the purchase price payment, we have the right to withdraw from the contract and to demand the surrender of the goods which have not yet been paid. You are obligated to handle the goods which have not yet been paid with care.
12 DATA PROTECTION, ADVERTISING VIA EMAIL
In the event of the conclusion of the contract, we will send you advertising for similar goods by email from time to time; if you do not wish to receive such promotional emails, you can refute the use of your email address by contacting the following email address: firstname.lastname@example.org
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