General Terms of Business Calibur11.es
1. Scope1.1 These general terms of business apply on all offers by Calibur11.es and on all agreements between buyer and Calibur11.es.
1.2 In addition to these Terms, certain additional conditions may apply to certain services and/or products if expressly stated.
1.3 The provisions in these Terms and Conditions may be departed, only if expressly agreed in writing and in which case other mutually agreed provisions and/or terms may apply.
1.4 If the Buyer refers to his own general conditions, these conditions do not apply unless if Calibur11.es has agreed in writing.
1.5 The internet site of Calibur11.es focuses primarily on the Dutch market.
1.6 "Buyer" extends to every visitor of the website or any natural or legal person that has or will have a contractual relationship with Calibur11.es.
1.7 Calibur11.es reserves the right to modify these terms according to applicable Dutch Law.
1.8 By using the website Calibur11.es and/or placing an order the buyer accepts the General terms and all the rights and obligations like they are mentioned on the website.
2. Offers and development agreements2.1 offers are valid while stocks last. This is indicated through offers on the website or telephone, or through fax, or through E-mail, made.
2.2 A personalized tender is valid for 2 weeks, unless a different period is stated in the tender.
2.3 An contractual agreement is made when an order confirmation is handed to the buyer. An confirmation will be sent to the buyers email address and/or main address.
2.4 Buyer and Calibur11.es expressly agree that use of electronic communication constitute a valid agreement as soon as the conditions in Article 2.1 and 2.3 are met. Especially the lack of a signature does not affect the binding force of the offer and its acceptance. The electronic files of Calibur11.es will as far as the law allows, count as a presumption of evidence.
2.5 Information, Pictures, Oral announcements, through telephone or e-mail provided and assignments regarding main characteristics and features of all products are shown/done as accurate as possible. Calibur11.es does not guarantee that all offers and products regarding the information are consistent. Abnormalities, deviations can not lead to compensation and / or dissolution.
3. Prices3.1 All prices are in Euros, in accordance with legal regulations, and include turnover tax.
3.2 Special offers are only valid for the duration indicated at the offer. This listing is printed or listed on the website relating to this special offer. These periods always match.
3.3 The Buyer has a contractual agreement that he will pay the price which, in accordance to article to 2 of these terms and conditions, has been confirmed and communicated by Calibur11.es. Apparent (manipulation) mistakes in the price, such as obvious errors, can also occur after establishment of the contract. Calibur11.es will correct these prices.
3.4 Delivery costs are not included in the price.
4. payment4.1 Orders placed on the website can be paid by the following ways: iDEAL, VISA, Mastercard, Bancontact, Mistercash or Giropay.
After receiving the payment the order is processed and the goods are shipped.
Calibur11.es The payment methods can be expanded in the future. Other payment options will be indicated through the website or through a written Communication by Calibur11.es
4.2 Arrangements for periodical payments can be made with Calibur11.es. Conditions and terms are set by Calibur11.es. Dutch law will be applicable to the periodical payments.
4.3 In case of non or late payment the additional costs are charged to the buyer.
4.4 Chargeable to the Buyer include all (non-legal expenses of any nature whatsoever,that Calibur11.es as a result of breach by the Buyer of its (payment) obligations had to make.
4.5 In case of late payment Calibur11.es is authorized to immediately dissolve the agreement or (further) to suspend delivery up to the moment the Buyer has complied fully with the payment obligations, the payment of interest and the costs thereof.
5. Delivery and Deliverytime.5.1 Orders are delivered as soon as possible. Calibur11.es aims to send orders within 1-2 working days. Specified delivery time is only an indication and is never a deadline. Calibur11.es can provide further information regarding delivery times on the website or in other written forms. This information is only for indicative purposes. The maximum delivery time would amount to 30 days unless agreed different. If the delivery is not achievable, we will inform you. You then have the right to terminate the agreement. Any amounts paid will be credited as soon as possible, yet within 30 days.
5.2 If a product is temporarily out of stock and is ordered by the Buyer he will be notified when the product becomes available. Delays will be communicated to the Buyer by email or by telephone.
5.3 Deliveries will be made by the buyer during the establishment of the agreement on the given address.
5.4 The risk of loss or damage to the product being the subject of the agreement, goes to the customer at the time to the customer legally and / or actually is delivered in the power of the customer or a designated third parties .
5.5 For deliveries abroad different conditions can apply.
6. exchange and right of withdrawal6.1 The Buyer is obliged to inspect the products immediately after delivery. Contracts with consumer customers where only use of electronic communications, is that the consumer purchaser the right, without penalty and without explanation a withdrawal right to pursue within seven (7) days after delivery of the product in matter if a domestic shipment concerns . The number of days used to be the right of withdrawal may be different in foreign shipments (Belgium 14 days). From this right of withdrawal does not include products that:
- established in accordance with specifications of buyer;
- clearly personally nature;
- can not be returned by their nature;
- fast decay or aging;
- Audio and video recordings or computer software if the buyer has broken their seal;
- from newspapers and magazines.
6.2 If the consumer buyer of the right of withdrawal as mentioned in the preceding paragraph has used, or carries Calibur11.es care for refund within 30 days.
7. Ownershipretention7.1 After full payment the product is the property of the customer.
8. Warranty and Liability8.1 Calibur11.es guarantees that the delivered goods meet the customary requirements and standards that can be asked and are free of any defect whatsoever.
8.2 The purchase receipt is evidence regarding to the warranty.
8.3 Calibur11.es is never obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence on the part of Calibur11.es. Calibur11.es is never responsible for consequential or trading loss, indirect damage and turnover.
8.5 If Calibur11.es, for any reason whatsoever, is obligated to compensate damages, the reimbursement will never be higher than the invoice value of the corresponding good.
8.6 This article and/or warranty does not apply if there is normal wear and tear and in the following cases:
- if there are changes made to the product, including repairs that are not authorized by Calibur11.es or carried out by the manufacturer - if the original invoice can not be discussed, is changed or made unreadable;
- If defects are the result of not corresponding with the destination or improper usage;
- if damage is caused by intent, serious negligence or omission.
8.7 Calibur11.es is not responsible for claims made by third parties in respect of the agreement between Calibur11.es and Buyer. If applicable law does not prohibit it, the damages and costs are for for Buyer.
8.8 The Buyer is obligated to return the product to Calibur11.es in a fast and reasonable manner to assure the proper handling of warranty claims. If a warrant-complaint is declared well founded Calibur11.es is obligated to supply an equivalent product unless otherwise agreed.
8.9 Next to these warranty conditions statutory rights are also in force.
A possible warranty arrangement offered by the manufacaturer does not affect the rights which the consumer could enforce against Calibur11.es by applicable law.
A possible warranty arrangement made by the manufacturer or importer does not affect the rights which the consumer could enforce against the Calibur11.es by applicable law.
9. Force majeure9.1 In the case of Force majeure and therefore Calibur11.es is not able to uphold its obligations towards the Purchaser , the obligation is suspended for the duration of the circumstances.
9.2 Force majeure includes any circumstance beyond its control, whereby fulfilling its obligations to the Purchaser in whole or partially is made impossible by reasonable standards. These circumstances include strikes, fires, business disturbances, power failures, non or late delivery by suppliers or other third parties. Furthermore, the force majeure includes disruptions in (telecommunications) networks or connections or used communication systems and / or at any time not available from the website.