Wereldmuseum Shop: General Terms and Conditions
Article 1 (General)
- These general terms and conditions apply to all offers, orders and agreements between Wereldmuseumwinkel B.V. residing in Rotterdam, the Netherlands, (hereafter referred to as "the Wereldmuseum Shop") and any person entering an agreement with the Wereldmuseum Shop by placing an order (hereafter referred to as “customer”).
- By accepting an offer (including from a distance by electronic communication), by placing an order, or by reaching an agreement with the Wereldmuseum Shop (hereafter referred to as “agreement”), the customer accepts these general terms and conditions.
- Deviations from these general terms and conditions are valid only by explicit written agreement with the Wereldmuseum Shop.
- By allowing deviation from these general terms and conditions, implicitly or explicitly and whether for a short term or longer period, the Wereldmuseum Shop does not forfeit its right at any time to demand strict and direct adherence to the general terms and conditions. In any case, the customer cannot derive any rights from the fact that the Wereldmuseum Shop is flexible in applying these general terms and conditions.
- To fulfill the customer's orders and to fulfill agreements with the customer, the Wereldmuseum Shop is permitted to make use of third parties.
- The rights and responsibilities as stipulated in these general terms and conditions and in any further agreements reached with the Wereldmuseum Shop apply equally to intermediates and other third parties which the Wereldmuseum Shop assigns to act on its behalf.
- Any conditions or general terms the customer wishes to impose are not applicable as these general terms and conditions will prevail.
- If a certain provision of these terms and conditions are deemed unenforceable or null and/or void, the remaining provisions of these terms and conditions will nevertheless stay fully enforceable. The Wereldmuseum Shop and the customer will consider to agree on new provisions to replace the ones that have been deemed unenforceable or null and/or void. In the new provisions, every effort will be made to preserve the spirit and intention of the provisions being replaced.
- The Wereldmuseum Shop reserves the right at any time to change the general terms and conditions as well as the content of its website.
Article 2 (Offers and agreements)
The offers made by the Wereldmuseum Shop are provisional and do not carry any obligation. Any obvious mistakes or errors in the offers are not binding on the Wereldmuseum Shop in any case. The Wereldmuseum Shop explicitly reserves the right to change prices at any time, particularly but not restricted to situations wherein this is required by official regulations. All offers are valid only if the product is available.
- An agreement at distance is valid only after the Wereldmuseum Shop has electronically confirmed the customer's order or acceptance of an offer. The Wereldmuseum Shop will make this confirmation within ten days of receiving the order or acceptance of an offer. The Wereldmuseum Shop reserves the right to reject an order or reject the acceptance of an offer, or to attach specific and/or separate conditions to delivery, provided explicitly stated otherwise.
- Unless there is proff to the contrary, the Wereldmuseum Shop's own administration is considered to constitute proof of orders and payments made to the Wereldmuseum Shop by the customer, and of deliveries made by the Wereldmuseum Shop. The Wereldmuseum Shop and the customer both acknowledge that electronic communication can serve as evidence.
- Confirmation of an order includes at least the following information:
- a description of the product purchased by the customer;
- number of products purchased by the customer;
- purchase price of the product, including tax;
- where applicable, the expenses of delivery;
- procedure of payment, of delivery or execution for the distance sale;
- customer's contact details, including name, bank account number, customer's address, address to which the product will be sent, billing address (if different from the customer's address and/or delivery address), email address, and the customer's telephone number;
- order number of the agreement;
- customer's details required for payment;
- email address and/or telephone number of the department of the Wereldmuseum Shop to which the customer can direct questions regarding the order.
Article 3 (Delivery and delivery times)
- The delivery times indicated by the Wereldmuseum Shop are counted from the moment payment has been received, and are only approximate. Delayed delivery does not entitle the customer to claim damages of any kind. Delivery will take place only after the customer's obligation to pay the Wereldmuseum Shop for the order has been met.
- Products are shipped from the place where they are prepared for shipment to customers.
Article 4 (Purchase prices and payment)
- The purchase prices for the products and services on offer are listed in Euro’s and include (Netherlands) value-added tax (BTW). Unless otherwise provided, the purchase prices do not include additional handling and shipment expenses, which are listed with the product information.
- Payment will precede delivery and no discounts or compensation will be given. Distance payments will be made using PayPal or iDeal.
Article 5 (Force majeure)
- The Wereldmuseum Shop is relieved of any obligation to the customer in case it is obstructed from fulfilling that obligation by a circumstance for which it cannot be blamed or held responsible: not by law, not by legal act, and not by standards of reasonableness or fairness (redelijkheid en billijkheid).
- Circumstances as referred to in the first paragraph of this article (hereafter referred to as “force majeure event”) include but not limited to: technical breakdown, malfunction in the supply of energy or materials, transport delay, strike, and failure of a supplier to deliver or to deliver on time.
- If the force majeure event occurs, and the Wereldmuseum Shop has not yet fulfilled all its obligations under the agreement at that moment, it has the right to suspend its obligations. In case the force majeure event makes it impossible for the Wereldmuseum Shop to fulfill its obligations in a reasonable way, it has the right to terminate the agreement. In a case of a force majeure event, the Wereldmuseum Shop is not liable for any damage which the customer has suffered or will suffer.
Article 6 (Ownership of products)
All products delivered to the customer remain property of the Wereldmuseum Shop until the purchase price and all additional charges, as mentioned in article 4 owed by the customer for the products delivered, has been paid in full to the Wereldmuseum Shop.
Article 7 (Intellectual and industrial property rights)
- The customer must respect, fully and unconditionally, all intellectual and industrial property rights associated with the products delivered by the Wereldmuseum Shop.
- The Wereldmuseum Shop cannot be held liable for any claims or allegations made by third parties for any kind of violation or breach of intellectual and/or industrial rights of any third party, which are or may be established on, or in relation to the products, delivered by the Wereldmuweum Shop under these general terms and conditions. The Wereldmuseumshop does not guarantee that no breach or violation has been made as mentioned above.
Article 8 (Notice of defect)
It is the customer's duty to examine the products at delivery in order to decide if the products reasonably meet the terms of the agreement. If this is not the case, the customer must give notice of the problem to the Wereldmuseum Shop, as soon as possible but certainly within seven days after taking delivery or after it becoming reasonably possible to detect the problem. Notice must be given in writing and include an explanation of the problem.
- If the products have been shown not to meet the terms of the agreement, the Wereldmuseum Shop has the choice of either replacing the products that have been returned by new, identical, or, in case such is not possible, comparable products, which do meet the terms, or give a refund of the purchase price on the invoice after the products have been returned to the Wereldmuseum Shop. By replacing or giving a refund, the Wereldmuseum Shop cannot be held liable for any damage that the customer has suffered or will suffer.
Article 9 (Return policy)
- In cases of a order at a distance, the customer has the right to terminate the agreement within seven days of receiving the products or of delivery being taken on the customer's behalf.
- During the period mentioned in the first paragraph, the customer will handle the products and their packaging with care. The customer will unpack or use the product only enough to be able to judge whether or not he wishes to keep the product.
- In case the customer wishes to return the product, he will return the product including all accessories—as much as is reasonably possible in its original state and packaging—to the Wereldmuseum Shop to the following address: Wereldmuseum Shop, Willemskade 25, 3016 DM Rotterdam, the Netherlands. The customer must include his contact details (name, telephone number and email address).
- In case the customer demands a refund, he must pay the expenses of the return shipment. Within 30 days of receiving the returned products, the Wereldmuseum Shop will refund the paid purchase price of the products to the customer.
Article 10 (Orders and communication)
- The Wereldmuseum Shop cannot be held liable for any problems (including but not limited to: misunderstandings, damage, delays, or the faulty transmission of orders and messages) that may occur as a result of using the internet or any other means of communication between the customer and the Wereldmuseum Shop, or between the Wereldmuseum Shop and third parties insofar as third parties may be relevant in relation to the agreement between the customer and the Wereldmuseum Shop.
Article 11 (Limitation of liability)
- In case the Wereldmuseum Shop bears any liability, it can only be on the grounds of the provisions stipulated in this article.
- The Wereldmuseum Shop is not liable for any kind of damage that results from the Wereldmuseum Shop having relied upon false or incomplete information that was provided by or on behalf of the customer.
- The liability of Wereldmuseum Shop is limited to following cases of direct damage:
- reasonable expenses incurred for determining the cause and scale of the damage, insofar as this pertains to damage as defined in these provisions;
- reasonable expenses, where necessary, incurred for asking the Wereldmuseum Shop to account for its failure to fulfill the agreement, insofar as this can be deemed the fault of the Wereldmuseum Shop; and
- reasonable expenses incurred in order to prevent or limit damage, insofar as the customer can show that direct damage as defined in these general terms and conditions has indeed been prevented.
- The Wereldmuseum Shop is never responsible for indirect damage, including but not limited to consequential damage, lost profit, missed savings, and damage caused by business stagnation or other stagnation. In the case of a retail sale, this restriction is limited to provisions as described in article 7:24, paragraph 2 of the Dutch Civil Code (Burgerlijk Wetboek).
- In case the Wereldmuseum Shop is held liable for a certain damage, its liability is limited to the portion of the order for which it is held responsible and in any case cannot exceed the total amount of the invoice for the relevant order.
- In any event the liability of the Wereldmuseum Shop cannot exceed the amount which its insurance will cover in the relevant case.
- The limitations of liability as stipulated in this article do not apply in case the damage can be blamed on wilful misconduct or gross negligence owing to the Wereldmuseum Shop or its managing employees
Article 12 (Indemnity)
- The customer indemnifies the Wereldmuseum Shop from any claims made by third parties who as a result of the agreement's implementation suffer damage, the cause of which is attributable to something other than the Wereldmuseum Shop.
- In case the Wereldmuseum Shop is held liable by a third party as described in the first paragraph of this article, the customer (de Wederpartij) is obliged to support Wereldmuseum Shop lawfully as well as otherwise, and to immediately do whatever can be reasonably expected from him in such a case. In case the customer fails to take adequate steps, the Wereldmuseum Shop has the right, without giving prior notice, to take action itself. All expenses and damages incurred by the Wereldmuseum Shop and third parties as a result hereof will fully be for account of the customer.
Article 13 (Personal data and privacy)
- Personal data supplied by the customer will be placed in a file and used for filling the customer's order.
- Only upon customers request or wish, will the customer's personal data be entered in the central database of the Wereldmuseum Shop. The data will be used to keep the customer fully informed about the products and services of the Wereldmuseum Shop. The customer's personal data will be processed in compliance with the applicable laws and regulations.
Article 14 (Laws and regulations)
1. All offers by the Wereldmuseum Shop, orders and agreements are governed by Dutch law.
2. All disputes that may rise between the Wereldmuseum Shop and its customers in connection with the provisions of these general terms and conditions, will be exclusively brought before the competent court in the Netherlands.