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General terms and conditions

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With every use of www.gompel-svacina.com (hereinafter: the Shop), the General Terms and Conditions from Gompel&Svacina bvba (hereinafter GOMPEL&SVACINA) applies. By placing an order at the Shop, you agree with these General Terms and Conditions.

 

  1. Definitions

1.1.    In these general Terms and Conditions of sale and delivery the following terms are defined as:

  1. Customer: the natural person who acts as buyer of goods or services, but is not acting in the course of a profession or a business;
  2. Distant communication technology: a means to reach agreements at a distance without simultaneous personal presence of the parties;
  3. Service(s): all work that GOMPEL&SVACINA provides for or for the benefit of the Customer, whether in conjunction with delivery of Products or not;
  4. Direct Sale: sale of Products and/or Services in a store;
  5. Defect(s): every deviation of a Product of Service from the Specification and each incorrect functioning of a Product of incorrectly executed Service;
  6. Delivery time: the time frame determined in the Agreement within which the Product must be delivered or the Service must be executed;
  7. Order: each order of Products and/or Services by a Customer, via any form of communication, as well as each purchase of Products and/or Services via Direct Sale, is considered to be an Order subject to the applicability of the Terms and Conditions;
  8. Agreement: each agreement that is reached between GOMPEL&SVACINA and Customer, each amendment or attachment to the agreement, and all (legal) actions required for the preparation and/or execution of the agreement;
  9. Product(s): item(s) which the Customer undertakes to purchase from GOMPEL&SVACINA;
  10. Specification: the description(s) drawn up and/or expressly approved by GOMPEL&SVACINA of the Products and Services supplied by GOMPEL&SVACINA and listed in the Order or Agreement. In default of such a Specification, the description of what has been expressly agreed upon by the parties or the situation that is most common in the industry as a whole;
  11. Distant Sale: a system organised by GOMPEL&SVACINA for sales or service provision at a distance, including telephone and Internet, in which up to and including the conclusion of an Agreement one or more technique for distant communication has been utilised;
  12. GOMPEL&SVACINA: the private limited liability company Gompel&SVacina bvba located at Reebokweg 1, 2360 Oud-Turnhout, Belgium, VAT BE 0688.872.323, RPR Antwerpen/Turnhout, Bank Acount KBC: BE29 7310 4496 8464. Terms and Conditions: the latest version of these general Terms and Conditions of sale and delivery for customers. These Terms and Conditions shall be sent to the Customer at no charge upon first request;
  13. Reconsideration period: The legal term within which the Customer may exercise his/her right of withdrawal.

 

  1. Applicability and voidability

2.1.    These Terms and Conditions are applicable on each estimate, offer, agreement and/or sale of Products that GOMPEL&SVACINA has declared these Conditions to be  applicable to, regardless of the communication means utilised, insofar that these Terms and Conditions have not been expressly contradicted by both parties and in writing.

2.2.    The Terms and Conditions in question are also applicable to all agreements with the Customer for which the execution is dependent upon third parties.

2.3.    The “GOMPEL&SVACINA General Terms and Conditions of Sale and Delivery for Businesses”  are applicable to all (legal) actions between GOMPEL&SVACINA and parties acting in the course of a profession or a business.

2.4.    If any term of these Terms and Conditions at any time becomes void or cancelled, in full or in part, then the remaining terms of these Terms and Conditions remain wholly applicable.GOMPEL&SVACINA and the Customer will then discuss new terms to replace those voided or cancelled, taking into consideration the purpose and intent of the void and/or cancelled terms.

2.5.    If these Terms and Conditions are at any time translated into another language, the English-language text will be considered leading in the event of a discrepancy.

 

  1. Offer and acceptance

3.1.    An Agreement can be made via Distant Sale or via Direct Sale.

3.2.    Each estimate and offer is without obligation and should be considered as a whole, unless expressly stated to the contrary by GOMPEL&SVACINA. An estimate or offer expires if the Product for which the estimate or offer was intended is no longer available.

3.3.    GOMPEL&SVACINA accepts an Order at the moment that it has been confirmed in writing by GOMPEL&SVACINA.

3.4.    If the Customer’s Order deviates from the offer made in the estimate, then GOMPEL&SVACINA is not responsible for the Agreement unless GOMPEL&SVACINA indicates to the contrary.

3.5.    GOMPEL&SVACINA reserves the right to refuse orders without further notification. In the event of such a refusal, GOMPEL&SVACINA will inform the customer within fourteen (14) days after the placement of the order.

3.6.    If for any circumstance, including the nature, size or need for haste to fill the order, no order confirmation has been sent, the GOMPEL&SVACINA invoice should be considered confirmation of the order.

3.7.    Each Agreement can be cancelled by GOMPEL&SVACINA on the condition that the Customer, in the exclusive opinion of GOMPEL&SVACINA, has insufficient credit to meet the terms of the Agreement.

 

  1. Reconsideration Period

4.1.    In the event of a Distant Sale, the offer is subject to a Reconsideration Period of fourteen (14) days, starting on the day of receipt of the Product(s) ordered by or on behalf of the Customer.

4.2.    During the Reconsideration Period, the Customer has the right of withdrawal, in which he has the opportunity to return the Product(s) received or to state his intention not to make use of the Service(s) offered within ten (10) working days after delivery, without any obligation on his part other than the payment of the direct shipping costs. The product must be returned in the original packaging (including accessories and documentation) and in new condition. In the cases where Service(s) are (also) offered, the right of withdrawal will be considered to be a Reconsideration Period, upon which all of the terms in these Terms and Conditions pertaining to the Reconsideration Period are considered to remain unimpaired.

4.3.    If the Products have been used, encumbered or in any way damaged, the right of termination in the meaning of this article is annulled. With consideration for the terms of the previous sentence, GOMPEL&SVACINA will confirm the termination of the purchase after receipt and inspection of the returned Product(s) by return post and will ensure that the complete purchase amount will be returned to the Customer within thirty (30) days after receipt of the complete return shipment.

4.4.    Limitations and exclusions of the Reconsideration Period will be clearly listed by GOMPEL&SVACINA in accordance with the provisions of the applicable Belgian Law.

4.5.    The Customer may only invoke the Reconsideration Period in the manner indicated by GOMPEL&SVACINA during the purchase and/or delivery of the Product or Service.

 

  1. Prices and Payment

5.1.    Unless otherwise specified, all prices are expressed in Euros including VAT and other government-required taxes, as well as any travel, shipping and administrative costs indicated in the Agreement, unless otherwise specified.

5.2.    If the Customer and GOMPEL&SVACINA agree to a price, GOMPEL&SVACINA retains the right to raise the price. If this price increase occurs within three (3) months following the date of Agreement, the Customer may terminate the Agreement. If this price increase occurs more than three months after the date of the Agreement, then the Customer may terminate the agreement if the price increase is greater than 5%.

5.3.    GOMPEL&SVACINA is not liable for wrong price listings or other factual errors in the offer and/or the estimate, on the GOMPEL&SVACINA website, in advertisements, in publications, in order confirmation, in invoices or in other documents if the Customer may reasonably understand or could have understood that the error was the result of a mistake or clerical error.

5.4.    In the event of a Distant Sale account, all payments must be made with credit card. It is up to GOMPEL&SVACINA to decide to deliver on account without given any reason to Customer to refuse to deliver on account. If a Customer is approved for buying on account all invoices should be paid within fourteen (14) days after the invoice date, without any right of discount, deduction or deferment, in the manner indicated by GOMPEL&SVACINA and in the currency on the invoice, unless otherwise stated in the Agreement.

5.5.    If the Customer has not paid the invoice within nine (9) days after due date, the Customer will be considered legally in default and from that moment the Customer will be charged interest in accordance with the legal interest rate as indicated in Article 6:119 BW. The interest over the amount due will be calculated from the moment that the Customer is in default until the moment of the payment of the full amount due.

5.6.    If, after the end of the term listed in Article 5 paragraph 5, GOMPEL&SVACINA is required to take collection measures, then the Customer is responsible for all costs. However, if GOMPEL&SVACINA assumes collection costs that are higher than reasonably necessary, then the Customer is only responsible for the actual collection costs. Any legal or executive costs will also be charged to the Customer. Legal costs include attorney at law and local counsel fees. The Customer is also responsible for interest over the collection costs due.

5.7.    In the event of bankruptcy or suspension of payments by the Customer, or an application thereto, the amounts due to GOMPEL&SVACINA and the obligations of the Customer towards GOMPEL&SVACINA are immediately due and payable.

5.8.    In the event of a Direct Sale, the payment must be in cash or with credit card paid in full at the place of delivery of the Product(s) to the Customer.

 

  1. Delivery

6.1.    In the event of a Distant Sale, the Products available in stock will be shipped within two (2) Dutch working days after the receipt of the order. GOMPEL&SVACINA may charge shipping charges for shipping the Products ordered. The Products will be delivered to the permanent shipping address made known to GOMPEL&SVACINA, and will be released to the natural person present at that address. When Products cannot be delivered from stock, GOMPEL&SVACINA will inform the Customer in the written confirmation of his or her order and provide an indication of the expected delivery term.

6.2.    GOMPEL&SVACINA’s delivery requirement is considered to be fulfilled as soon as the Products provided by GOMPEL&SVACINA have been offered to the Customer one time, subject to proof of the contrary. In the event of home delivery, the report of the transporter regarding the refusal to accept or the absence of the Customer serves as full proof of an offer to deliver, subject to proof of the contrary.

6.3.    Products which have not been collected by the Customer remain available to the Customer and will be stored by GOMPEL&SVACINA at the cost and risk of the Customer.

6.4.    In the event of a Direct Sale, the delivery occurs by supplying the Customer with the item after payment of the purchase price. Terms 6.2 and 6.3 are not applicable to Direct Sales.

 

  1. Delivery period

7.1.    The delivery period will be given as an estimate and should never be considered as a strict deadline.

7.2.    The delivery period commences after acceptance of the Order by GOMPEL&SVACINA, after which GOMPEL&SVACINA will aim to deliver the Order within ten (10) working days.

7.3.    If GOMPEL&SVACINA is not able to comply with this delivery period due to circumstances beyond its control, GOMPEL&SVACINA will not be considered in default and is not liable for any damages to the Customer.

7.4.    In the event of a failure to meet the deadline for delivery which is not due to circumstances beyond GOMPEL&SVACINA’s control, the Customer may claim that GOMPEL&SVACINA is in default and claim compensation for damages, with regard for the following rules and limitations:

  1. the compensation due by GOMPEL&SVACINA shall be determined as the amount of damages directly suffered by the Customer due to the delayed delivery, insofar as this can be sufficiently demonstrated, and;
  2. the total compensation owed by GOMPEL&SVACINA shall not exceed the price agreed upon in the Order concerned.

 

  1. Guarantees

8.1.    GOMPEL&SVACINA guarantees that the Products delivered or to be delivered satisfy all customary requirements and norms that can be reasonably expected at the moment of delivery, and for which they are customarily used in Belgium.

8.2.    Without prejudice to the aforementioned, GOMPEL&SVACINA is not liable for damages resulting from intention and/or negligence and/or imputable acts or omissions or improper use by the Customer.

 

  1. Claims

9.1.    The Customer must inspect the Products delivered for any potential Defects immediately after receipt, and if any are found, to report these to GOMPEL&SVACINA in writing as quickly as possible, not later than 24 hours after the delivery of the Products, upon forfeiture of rights.

9.2.    If the Customer is entitled to return a Product to GOMPEL&SVACINA in accordance with this Article, GOMPEL&SVACINA will ensure that the amount paid by the Customer will be deposited into the bank account of the Customer within thirty (30) days of receipt of the returned product. The Customer must contact the GOMPEL&SVACINA customer service department at telephone number +31 (0)88 – 862 00 00 on working days between 08:30 and 17:00 hours in order for GOMPEL&SVACINA to deposit the amount paid.

 

  1. Retention of title

10.1.  All Products delivered by GOMPEL&SVACINA in the context of the Agreement remain the property of GOMPEL&SVACINA, and/or in some cases a third party, until the Customer has fulfilled all obligations pertaining to the Agreement with GOMPEL&SVACINA.

 

  1. Transfer of risk

11.1.  The risk of loss, damage or depreciation is transferred to the Customer at the moment of delivery, as should occur on grounds of these Terms and Conditions.

 

  1. Termination

12.1.  GOMPEL&SVACINA is authorised to terminate or suspend the fulfilment of the Agreement if:

  1. the Customer does not or does not fully or timely comply with the obligations listed in the Agreement;
  2. after making the Agreement, GOMPEL&SVACINA learns of circumstances which provide grounds to suspect that the Customer will not comply with the obligations. In the event that good grounds exist to suspect that the Customer will not or will not fully comply with the Agreement, termination is only permissible insofar as it is justified by the shortcoming;
  3. the Customer has been judged legally incompetent by a court or has been deprived of his freedom;
  4. the data provided to GOMPEL&SVACINA by the Customer do not correspond to the actual situation.

12.2.  If the Agreement is terminated, then the amounts owed to GOMPEL&SVACINA by the Customer are immediately due and payable. If GOMPEL&SVACINA suspends fulfilment of the Agreement, it retains all rights permitted by law and the Agreement.

12.3.  GOMPEL&SVACINA retains the right to claim compensation.

 

  1. Force Majeure

13.1.  The parties are not obliged to comply with any obligation if they are hindered by circumstances that do not result from fault, or by law, legal action, or generally accepted practice.If a shortcoming in compliance with the contractual obligation is the result of force majeure on the side of one of the parties, the other party is allowed to terminate the Agreement. The party claiming force majeure is only liable for the damages of the other if and insofar they, due to the shortcoming, enjoy an advantage that they would not have in the event of proper compliance, to the amount of this value.

13.2.  Force majeure is considered to be, in addition to that which in law and jurisprudence is considered to be, all external causes, foreseen or unforeseen, on which GOMPEL&SVACINA cannot exercise influence, but through which GOMPEL&SVACINA is not able to fulfil its obligations. This includes, but is not limited to, strikes in the GOMPEL&SVACINA company, as well as suppliers who do not comply with their obligations to GOMPEL&SVACINA.

13.3.  GOMPEL&SVACINA retains the right to claim force majeure, if the circumstances that hinder further compliance initiate after GOMPEL&SVACINA should have complied with its obligations.

13.4.  The parties may suspend the Agreement for as long as the force majeure continues. If this period lasts longer than two (2) months, each of the parties may terminate the Agreement, without being liable to compensation to the other party.

13.5.  If GOMPEL&SVACINA has partially complied with or can still comply with its obligations as per the Agreement at the time of the force majeure, and if an independent value can be attributed to the part provided or to be provided, GOMPEL&SVACINA is entitled to invoice the part provided or to be provided separately. The Customer is required to pay this invoice as if it were a separate agreement.

 

  1. Indemnification

14.1.  Th e Customer indemnifies GOMPEL&SVACINA from any claims by third parties who suffer damages in connection to the execution of the Agreement, and in which the cause is not attributable to GOMPEL&SVACINA.

14.2.  If GOMPEL&SVACINA is approached by third parties, then the Customer is required to support GOMPEL&SVACINA both out of court and in court and to do all that can be expected without hesitation. If the Customer fails to take adequate measures, then GOMPEL&SVACINA is entitled to do so without being in default. All costs and damages on the side of GOMPEL&SVACINA and third parties will be at the risk and cost of the Customer.

 

  1. Intellectual Property

15.1.  Unless otherwise specified in writing, the entire copyrights and all other rights of intellectual and industrial property relating to Products and/or Services provided by GOMPEL&SVACINA, including brand rights, model rights, patent rights, sui generis, database rights, etc. are exclusive (legally, intellectually and industrially) property of GOMPEL&SVACINA and/or its suppliers.

15.2.  The parties are required to take sufficient measures to guarantee confidentiality with regard to each other’s confidential data with which they become acquainted in the course of executing the Agreement.

 

  1. Protecting Customer Data

16.1.  GOMPEL&SVACINA collects, uses and transports personal data related to the Customer in compliance with applicable national and European legislation and regulations.

16.2.  GOMPEL&SVACINA respects the privacy of the Customer and is the only owner of information gathered via the GOMPEL&SVACINA website, unless otherwise specified. Information provided by the Customer will not be sold, shared or rented to third parties in any other manner than that stated in the website’s privacy declaration.

16.3.  GOMPEL&SVACINA is entitled to publish information about a visitor if there is reason to assume that publication of the information is necessary to identify, contact or open a court case against a person who, whether intentional or not, injures or damages the rights and properties of GOMPEL&SVACINA, other users of the website or others who may sustain damages. GOMPEL&SVACINA is entitled to provide information about users if it is in good faith that the law requires it.

 

  1. Applicable law and disputes

17.1.  Dutch law is applicable to all legal relations between GOMPEL&SVACINA and the Customer, even if the relations are in whole or in part to be executed abroad, or if the Customer resides abroad. The applicability of the Vienna Convention is expressly excluded.

17.2.  In the event of a dispute between the parties, the exclusive authorised court to hear the dispute is the district court of Amsterdam, unless the Customer chooses a legally authorised judge within a month after GOMPEL&SVACINA informs the Customer in writing of the dispute. Nonetheless, GOMPEL&SVACINA remains authorised to serve a summons to appear before the judge authorised by treaty or by law.

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