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General conditions Shavita online store Vaposhop.com
General conditions of Shavita, located in Amsterdam. Version valid per January 1, 2007
Section 1. General1.1 Under general sales conditions ‘Shavita’ means Shavita BV in Amsterdam
1.2 These conditions form part of all offers by and agreements with Shavita in so far as no explicit written deviations are applicable
1.3 Adhering to that defined in section 6.4 these conditions furthermore apply, provided that Shavita is to enlist thirds for execution of all agreements
1.4 Unless otherwise provided by means of a written statement, no general or specific conditions or stipulations of third parties are approved by Shavita
1.5 Should the Conditions and Agreement contain mutual conflicting stipulations –the Agreement is to prevail at any time.
1.6 If any part of the Conditions is null and void, other provisions belonging to the Conditions remain in force and parties shall be committed to exert in establishing a valid alternative stipulation in which the initial means of both parties are approached as much as possible.
Section 2. Offerings and realization of agreements2.1 All offerings are without engagement, unless explicitly mentioned otherwise by Shavita.
2.2 Agreements considering delivery of goods and/or services bind Shavita initially after written confirmation. Actual execution by Shavita or a invoice sent by Shavita equals a written confirmation of the offer.
2.3 Unless the correctness of this written confirmation is disputed within 8 days, as also in writing, Shavita and purchaser are committed.
2.4 Offers by Shavita do not automatically apply to backorders.
2.5 Shavita can not be held to its offer in case the purchaser was to understand that the offer, or part of it, included an apparent incorrectness or clerical error.
2.6 Supplements, adjustments and/or further agreements only take effect when agreed in writing.
Section 3. Prices/Price Increases3.1 All prices are, unless stated otherwise, in EUR, and include purchase tax (VAT).
3.2 Shavita guarantees that no price increases will take place after the agreement, unless the price increase is result of legal or regulatory requirements.
3.3 Provided that the price increase is not a result of legal or regulatory requirements, the consumer has the right to remotely discontinue the agreement by the day the price increase comes into force.
Section 4. Consignment4.1 In case items are available from stock, they will be shipped directly after receiving the order. Shavita may charge shipment costs for shipping ordered goods. Consignment of ordered goods takes place on the mail address as it is known by Shavita, not of temporary nature, and be handed to the natural person residing at the address of delivery.
4.2 The purchaser is to sign on receipt of goods. Only when the purchaser has reasons based on legislative grounds can this differ.
4.3 Should the purchaser refuse the purchase or be negligent regarding the supply of information or instructions that are essential to delivery, then the goods will be stored on account and risk of the purchaser.
4.4 Shavita will, subject to rebuttal, have met its supply obligation once the goods supplied by Shavita have been offered to the purchaser. On home delivery, the report of the carrier, regarding refusal of acceptance, certifies as proof of delivery, subject to rebuttal.
4.5 In case of refusal of the offered items, return-freight and storage costs are completely for account of the purchaser, unless the purchaser is to call in the right for dissolution or replacement on good grounds.
Section 5. Term of delivery5.1 The time of delivery as stated by Shavita can nevermore be regarded as a legal term. The delivery time commences after all information necessary is in receipt of Shavita, after which Shavita will strive delivery to take place within 30 days.
5.2 Within the scope of the Dutch distant selling rules, Shavita (service provider) shall execute orders with considerate speed, nevertheless within 30 days. Should this not be possible (due to ordered goods being out of stock or being unavailable), or should there be any other reason for delay, or in case an order can only partly be executed, the purchaser (client) receives notice within one month after placing the order and in that case he will have the right to cancel the order without any costs or notice of default.
Section 6. Dissolution6.1 Without prejudice to the rights of Shavita on the basis of the law is entitled Shavita through a written statement to the buyer the agreement in whole or in part, to suspend or terminate the right to damages against the buyer if after the signing of the agreement Shavita circumstances to notify Shavita which give good reason to fear that the buyer will not comply with its obligations or if Shavita in concluding the agreement has prompted security for the performance and security remains whether this is not enough (despite summation ) And in case of bankruptcy of the buyer, a private application for bankruptcy by the buyer, suspension of payment, or a liquidation decision, total or partial transfer of the business of the buyer or seizure of any portion of its assets.
6.2 Should circumstances occur regarding persons and/or materials of which Shavita is committed to rely itself upon execution that are of such nature that execution of the agreement is made impossible, or to such a degree arduous or disproportionate costs arise that compliance to aforementioned agreement can no longer be demanded as reasonable, Shavita has right to dissolute the agreement.
6.3 Unless agreed otherwise the purchaser has according to section of the law 7.5 BW , in case of a consumer purchase of an order with Shavita, the right to dissolute the agreement within 7 days without stating reasons. This term starts at the moment the ordered goods have been delivered. If the customer has not returned the goods after the end of this period, the sale is a fact. The customer is held prior to return, to report to Shavita within the period of 7 days after delivery. The purchaser is to proof that the consigned goods have been returned in time (at the latest 10 business days after consignment) for example For example, through a certificate of mailing. Returning of the goods is at risk and expense of the purchaser. Return of items should be done in the original packaging (including accessories and related documentation) and in original state. If the items are used by the buyer, or in any way have been damaged, the right to dissolve within the meaning of this paragraph. With regard to what is stipulated in the previous sentence, after Shavita confirms receipt and inspection of the returned cases involving termination of the sale immediately and will ensure that within 30 days after reception of the complete return, the full purchase amount to the recipient is reimbursed, free of charge.
6.4 The right of dissolution, as described in the previous subsection exclusively relates to goods supplied and does by no means relate to services.
Section 7. Force majeure7.1 Force majeure includes all circumstances as comprehended by law and in jurisdiction and all circumstances which are beyond the influence of Shavita and that impede or make consignment of goods impossible. Included, but not limited to, are; work stoppage at Shavita and/or suppliers, internet or WAP failures, electricity failures, email traffic failure and failures or adjustments in technology supplied by thirds.
7.2 Force majeure can also be appealed to when the situation that prevents (further) fulfillment becomes pending after Shavita was to have complied with the agreement.
7.3 Should the period in which -due to force majeure- fulfillment of the obligation is impossible, and lasts longer than 2 weeks, both parties are justified to dissolute the agreement, with no indemnity obligation.
7.4 In case Shavita has fulfilled, or can only partly meet its obligations before occurrence of the force majeure, Shavita has right to invoice the already consigned part separately, and the client is to fulfill this invoice regarding it as a separate agreement. However, this does not apply when the already consigned or deliverable part has no independent value.
Section 8. Warranty8.1 Shavita offers no warranty on her products any more extended than the (terms of) warranty as provided by the manufacturer of these goods, without affecting the rights of the client attributable to juridical mandatory legal provisions.
8.2 Shavita is nevermore responsible for the final aptitude of the goods neither for each individual application by the purchaser, nor for any advices that may have been supplied regarding the use or application of the items.
8.3 The purchaser is obliged to immediate verification of the goods upon arrival. Should the delivered item(s) be incorrect, inferior or incomplete, the purchaser is to report these shortcomings to Shavita at once (prior to returning the items to Shavita). Possible shortcomings or addressing errors should and can be reported to Shavita in writing within two months after delivery. Items for return shipments must come in the original packaging (including accessories and accompanying documentation) and must be in original condition. Usage, damage, encumbrance and/or resale after declaration of imperfections, disposes of any right to claim and return.
8.4 In case complaints from purchaser are found justified by Shavita, Shavita will replace the goods supplied free of charge or will issue a written settlement regarding recompense for damage. Shavita’s liability and the cost of indemnity are at all times restricted to the maximum sum of the concerning goods as it is stated on the invoice. Any liability of Shavita for any other form of damage is excluded, under which are additional reimbursement costs in whatever form, reimbursement of indirect damage of ensuing damage due to lost profit.
8.5 Shavita can not be held responsible for damage caused on purpose or by similar deliberate recklessness of non-executive staff members.
8.6 This warranty does not apply if: A) as long as the purchaser is in failure to met his obligations towards Shavita; B) in case the purchaser has repaired and/or modified the consigned goods or were repaired and/or modified by thirds. C) the consigned goods have been exposed to abnormal circumstances or were treated inaccurate and contrary to the instructions of Shavita and/or the user manual; D) the product being inferior is result of regulations by public authorities regarding the nature or the quality of used materials;
Section 9. Payment conditions9.1 Unless agreed otherwise, payment should be deposited before or directly after order placement. Payment in terms is not possible. .
9.2 After expiry of the invoice date by 10 days, the purchaser is in failure to carry out his juridical duties and therefore obliged to a 1% interest of the collectable sum, unless the lawful interest is larger in which case the lawful interest applies, by which part of a month is calculated as a whole month.
9.3 In case of bankruptcy or letter of licence of the purchaser or a request to which the debt claims of Shavita are the obligations of the purchaser towards Shavita claimable at once.
9.4 Should Shavita hand out its claim then the buyer is obliged to fulfill a fixed amount of 15% due to extrajudicial costs, with a minimum amount of 250 euro.
9.5 If Shavita can prove to have made more costs than those necessary, Shavita reserves the right to claim further reimbursement for delay.
Section 10. Reservation of title10.1 All consigned remain in the ownership of Shavita until all demands are met, in particular the respective balance payments which are due to Shavita from the business relationship with the purchaser. This also applies when payments are to be made for specific demands. Our ownership is extended to any goods being in connection with those for which Shavita reserves right to ownership in relation to the value of these goods to each other. Once the ownership of Shavita through connection expires, the purchaser transfers here and now his ownership rights for the new goods to the extent of the value of the goods under reserved ownership and stores these for Shavita without charge. The thus created part-ownership is then regarded as for goods with reserved ownership in the sense of Section 3:92 BW.
10.2 The purchaser may only pass on to third parties the goods with reserved ownership in the course of general business transactions, on his business terms, if they contain a comprehensive reservation of title, and as long as he is not in delay
10.3 The purchaser may not pawn the goods with reserved rights or transfer these as securities.
10.4 Shavita, or thirds as appointed by Shavita, has the right to enter the purchaser’s business premises at any time for the purpose of removal, selection or marking of the goods with reserved ownership. On our request the purchaser must provide all necessary information about the goods with reserved ownership and make documentation available. .
10.5 The purchaser is obliged to notify us immediately if our ownership or entitlements are at risk in any way, if they are liable to pawning or other impairment through third parties; any pawning protocols or other documents must be submitted to us and the purchaser must undertake everything necessary in order to secure our rights.
10.6 The buyer is obliged to insure consigned goods and keep these insured against fire, explosion and water as well as against theft and to provide the policy of this insurance on the first request for access to Shavita.
Artikel 11. Privacy11.1 Shavita respects the privacy of its online visitors and does not rent, sell or share personal information about visitors with other people or nonaffiliated companies except to provide information the visitor has requested, and with permission of the visitor.
11.2 Information from which the identity of an online visitor of the Shavita website can be retrieved is provided voluntarily by the visitor. This information can be used within Shavita (and its subsidiary companies and brands) with the purpose of improvement of the website and providing the visitor an easier and more pleasant experience. In addition this information will be used for analysis and providing information regarding Shavita’s product arrangement. The purchaser gives his or her explicit consent regarding the use of retrieved data. In exceptional cases Shavita retains the right to disclose visitor information, when there is reason to assume that disclosure of that information is necessary for identification, coming into contact with, or bringing legal action against someone who, whether or not deliberately causes damage or harm to Shavita, its rights and properties or visitors of its website. Shavita has the right to disclose information of visitors when it is in good faith to be believed or when this is required by law.
11.3 Shavita collects visitor's domain and IP address automatically; this information does not identify you as an individual, but only the computer that is being used to view the site. This data is used to see where the site is being used in the world to ensure coverage, and for click stream analysis to help better understand site usage, so that Shavita can improve its service to the client. Shavita does not link information automatically logged by such means with personal data about specific individuals. Personal details can be deleted per request of the online visitor as long as this requires no proportional efforts or costs.
Section 12. Intellectual property rights12.1 Unless explicitly agreed otherwise in writing, full copyrights and all other rights of intellectual and industrial property regarding the goods or services as provided by Shavita, such as trade mark rights, model rights, patent rights, sui generis databank rights, etc, are deposited exclusively by Shavita and/or its suppliers.
12.2 Parties are committed to maintain complete secrecy in relation to confidential information of one another in which the execution of the agreement is noted.
Section 13. Applicable rightsAll court actions between Shavita and the purchaser are subject to Dutch Law. Agreements of the United Nations for contracts concerning International Purchases of Goods (CISG) do not apply.
Section 14. Complaints14.1 Inquiries and/or complaints can be forwarded to Shavita / Vaposhop.com per phone or email. Complaints will generally be handled within 30 days. Should this, for whatever reason, not be possible, then the purchaser will be informed about the delay time.
14.2 The purchaser has the opportunity to submit the dispute to independent arbitration. This can be the disputes committee ‘Thuiswinkel’ or a equal disputes committee, also leaving the buyer to submit the dispute to a competent court.
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