Terms of delivery | Version valid from: 01-01-2014
ARTICLE 1 DEFINITIONS
1.1 City on a mountain: The foundation, City on a Mountain, having its registered office in Gorinchem and registered with the Chamber of Commerce under number 280 972 48. Full of Zin (zinvolzin.nl) is part of the City on a Mountain Foundation.
1.2 Customer: a natural or legal person who enters into an agreement with Foundation City on a mountain.
1.3 Consumer: a Customer not acting in the course of a business or profession.
1.4 Website(s) of Foundation City on a mountain: The website(s) of Foundation City on a mountain are accessible at www.stadopeenberg.nl and www.zinvolzin.nl.
1.5 Agreement: an agreement at a distance whereby the customer, through an agreement concluded by Stichting City on a mountain organized system for remote sales of products at Foundation City on a mountain and which, up to and including the conclusion of the contract, exclusively uses one or more means of distance communication
1.6 Grace period: a period of time during which a consumer has the opportunity to realize the dissolution of the purchase through the right of withdrawal.
1.7 Right of withdrawal: the possibility for a consumer, after receiving product(s) ordered by him, to return these products within the cooling-off period to Foundation City on a mountain and get a refund of the purchase price.
ARTICLE 2 GENERAL PROVISIONS
2.1 The Customer cannot derive any rights from the fact that Foundation City on a mountain may apply these general terms and conditions flexibly.
2.2 These terms and conditions apply to all offers and to all distance agreements of Foundation City on a mountain which extend to the sale of products.
2.3 Any purchasing conditions used by the customer are expressly rejected, and therefore do not apply to agreements entered into with the Foundation. City on a mountain.
2.4 If one or more provisions of these general terms and conditions are wholly or partially void or may be annulled, the remaining general terms and conditions shall remain in full force and effect.
2.5 In these general terms and conditions, the word "written" may include documents produced in writing and sent by electronic means, which shall certainly include e-mail and faxed documents.
2.6 The content of this site as well as the content of all other expressions of Foundation City on a mountain on the Internet has been compiled with the utmost care. Foundation City on a mountain cannot, however, make any guarantees as to the nature, accuracy or content of this information. Foundation City on a mountain is not liable for any errors or inaccuracies, or for the consequences of using the information in question
ARTICLE 3 OFFERS
3.1 At the time of posting on the website(s) of Foundation City on a mountain products offered, product specifications are listed as well as the price of the product including VAT and excluding any shipping costs.
3.2 The website(s) of Foundation City on a mountain products offered contain the most accurate and truthful description and/or picture of the product offered.
3.3 If the descriptions and/or illustrations as described in article 3.2 turn out differently in reality, that makes Foundation City on a mountain in no way liable for damages to the customer. The customer retains at all times his right to his right of withdrawal as stipulated in Article 7.1.
3.4 Foundation City on a mountain provides the customer with information on the expected delivery time of the product, this period is only indicative.
ARTICLE 4 ESTABLISHMENT OF AN AGREEMENT
4.1 Agreements come into effect after the customer has submitted to the Foundation City on a mountain has accepted an offer or quotation issued and Foundation City on a mountain has agreed to this acceptance.
4.2 An agreement is also concluded if Foundation City on a mountain begins delivering products to the customer after a customer places an order through the Foundation's website(s) City on a mountain.
4.3 The State Foundation City on a mountain always free, without giving reasons, to disagree with an offer accepted by a customer. If the customer has already made payment to Foundation City on a mountain will Foundation City on a mountain refund this amount to the customer immediately after refusal.
ARTICLE 5 DELIVERY
5.1 After the customer has fulfilled his payment obligations as stipulated in Article 8, Foundation City on a mountain to with the transportation of the ordered products.
5.2 Delivery of products takes place within the EU.
5.3 Delivery of the order takes place on the paved road in front of the first door on the first floor, unless otherwise agreed (in writing) between Foundation City on a mountain and the Customer.
5.4 After an agreement is established between Foundation City on a mountain and the customer, the products ordered by customer principle are delivered within five (5) days by Foundation City on a mountain.
5.5 If Foundation City on a mountain cannot meet the delivery time as described in Article 5.4, a further delivery time will be specified. If Foundation City on a mountain is unable to deliver the product ordered by customer within thirty (30) days, customer may rescind the agreement.
5.6 In case of absence at the time of delivery, or other reason where the ordered products cannot be left behind, Foundation will City on a mountain charge the additional freight and storage costs
ARTICLE 6 RETURN OF PRODUCTS
6.1 A consumer has fourteen (14) days after receiving the ordered products, pursuant to his right of withdrawal, to return the ordered product, provided it is unopened and undamaged, without giving reasons to Stichting City on a mountain return.
6.2 Foundation City on a mountain will refund the invoice value of the product to the consumer within thirty (30) days after receiving the product.
6.3 If a consumer uses his right of withdrawal, the risk of shipment and shipping costs shall be borne by the customer.
6.4 From the moment of receiving the products, the consumer must take all appropriate measures to prevent damage to the product and/or packaging.
6.5 If a product or packaging is damaged, the consumer no longer has the right to return the product.
6.6 The consumer cannot assert his right of withdrawal if the product ordered: is manufactured to the personal preference of the customer or falls under another exception as stated in Article 7:46d paragraph 4 of the Civil Code.
ARTICLE 7 WARRANTY
7.1 The customer must check the delivered products immediately upon receipt. Any defective products must be reported by the customer immediately after discovery to Stichting City on a mountain report and no later than within a period of seven (7) days.
7.2 If the complaints are upheld by Foundation City on a mountain the customer will be offered repair, a replacement product or a refund of the invoice value of the product.
7.3 Warranty periods vary by product, with a minimum period of six (6) months. Any additional warranty period offered by Foundation City on a mountain, manufacturer or importer do not affect the customer's legal rights.
7.4 Products delivered to the customer with an expiration date, which are processed by the customer or which by their nature cannot be returned are not covered by the warranty period as described in this article.
7.5 Also, the customer is not entitled to warranty as described in this article if it is established that the defect in a product was caused by the fault of the customer.
ARTICLE 8 PRICE & PAYMENT
8.1 On the website(s) of the Foundation City on a mountain prices listed are inclusive of VAT and other government levies and exclusive of shipping costs.
8.2 After the conclusion of an agreement, prices cannot be increased, except for any price changes to which Stichting City on a mountain no impact such as VAT rates.
8.3 By Foundation City on a mountain invoices sent must be paid by the Customer within fourteen (14) days of the invoice date to Foundation City on a mountain.
8.4 If the Customer fails to timely fulfill its payment obligation, the Customer shall be in default by operation of law without further notice of default being required.
8.5 In the event of late payment, in addition to the amount due plus statutory interest, the Customer shall be liable for full compensation of both extrajudicial and judicial collection costs, including the costs of lawyers, bailiffs and collection agencies.
8.6 Any inaccuracies in the billing must be immediately notified by the customer to Foundation City on a mountain be reported, after which Foundation City on a mountain will correct the amount.
8.7 Inaccuracies in billing shall not release the customer from any payment obligations or other obligations set forth in these terms and conditions.
ARTICLE 9 RESERVATION OF OWNERSHIP
9.1 The information provided by Foundation City on a mountain Products delivered remain the property of Foundation City on a mountain until such time as the customer has fulfilled all obligations under the agreement concluded with Stichting City on a mountain concluded agreement has been properly fulfilled.
9.2 In case Foundation City on a mountain invoke the retention of title, the agreement concluded in this regard shall be deemed terminated, without prejudice to the right of Stichting City on a mountain claim compensation for damages, lost profits and interest.
ARTICLE 10 FORCE MAJEURE
10.1 Foundation City on a mountain is not obliged to fulfill any obligations to the customer if he is prevented from doing so as a result of a circumstance that is not due to his fault, nor for his account under the law, a legal act or generally accepted practice.
10.2 Foundation City on a mountain may suspend the obligations under the agreement during the period that the force majeure continues. If the force majeure lasts longer than a period of thirty (30) days, both the customer and Stichting City on a mountain entitled to dissolve the agreement, without any obligation to compensate the damage suffered by the other party.
ARTICLE 11 LIABILITY
11.1 If Foundation City on a mountain liable, any liability shall be limited to the amount paid under the applicable insurance contract in the case in question.
11.2 Should, as an exception to the provisions of Article 12.1, no payment be made under the said insurance for whatever reason, the liability of Foundation City on a mountain limited to a maximum of the invoice value of the order, at least to that part of the order to which the liability relates.
11.3 Foundation City on a mountain is only liable for direct damages. By direct damage is to be understood exclusively: * the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage in the sense of these terms and conditions.* any reasonable costs incurred in order to improve the faulty performance of Stichting City on a mountain to conform to the agreement, to the extent that it is to Stichting City on a mountain reasonable costs incurred to prevent or limit damage, to the extent that the customer demonstrates that these costs have resulted in limiting direct damage as referred to in this article.
11.4 Foundation City on a mountain excludes any liability for indirect damages suffered as a result of the use of the information provided by Foundation City on a mountain delivered products, with the exception of situations where the damage is directly attributable to intent or gross negligence on the part of Foundation City on a mountain, its management and/or executive staff.
11.5 Foundation City on a mountain shall in any event never be liable for the following damages: Consequential damage, lost profits, missed savings and damage due to business interruption.
ARTICLE 12 APPLICABLE LAW AND DISPUTES
12.1 To all legal relationships in which Foundation City on a mountain party, only Dutch law shall apply. The applicability of the Vienna Sales Convention is excluded.
12.2 The Customer and Foundation City on a mountain will only resort to the courts after making every effort to resolve a dispute by mutual agreement
