Terms and Conditions by Sunwarrior Nederland, located in Mijdrecht. Version valid from 1-5-2017
1. General
1.1 These terms and conditions apply to all offers from Sunwarrior Nederland and to all agreements made between Sunwarrior Nederland and customer. In these terms and conditions, 'customer' shall mean every person or legal entity who has made or wishes to make an agreement with Sunwarrior Nederland, including their representatives, proxies and assignees. The terms and conditions are publicly accessible and are available on Sunwarrior Nederland's website. On your request, we will provide a written copy. 1.2 Buyer's or user's general purchase or other conditions shall not apply, and Sunwarrior Nederland hereby explicitly rejects any references customer makes to their own terms and conditions or purchase conditions. 1.3 By placing an order, you declare to accept the terms of delivery and payment. Sunwarrior Nederland reserves the right to change its terms of delivery and/or payment after the expiration of the term. 1.4 Unless agreed otherwise in writing, Sunwarrior Nederland does not recognize any third parties' general or specific conditions or provisions. 1.5 Sunwarrior Nederland guarantees that the delivered product is in conformity with the agreement and meets the specifications mentioned in the offer.
2. Delivery
2.1 Deliveries are subject to availability of the products. 2.2 Deliveries are carriage forward. Extra costs incurred for shipping with increased liability (insured) or for urgent, express or COD deliveries shall always be passed on to customer. 2.3 We do not accept any liability for late delivery. See 11.2 2.4 Sunwarrior Nederland's delivery obligation shall be regarded as complied with as soon as Sunwarrior Nederland has offered customer the delivered goods once. 2.5 Shipping shall always be on request and at the risk of buyer or customer, unless explicitly agreed otherwise.
3. Prices
3.1 Prices shall not be raised during the validity of the offer, except for the following situations: increase of material costs, legislative measures (wages, social charges, taxes, etc.) and currency fluctuations. 3.2 All prices quoted on the website are subject to printing and typing errors. We do not accept any liability for printing and typing errors. 3.3 All prices on the website are quoted in euros, exclusive of VAT and without commitment, and are not binding for repeat orders.
4. Payment
4.1 Buyer can choose to pay with MultiSafepay immediately when placing an order, or to pay into our bank account. 4.2 In case of payment by bank transfer, you transfer the correct amount to ABN AMRO account number NL07ABNA0593265432 in the name of Sunwarrior Nederland in Amsterdam. Please state your client and invoice number clearly in the description. As soon as we receive your payment, your order will be shipped. 4.3 The payment term of 8 days starts at the time of placing the order. If the full amount of the order or the invoice is not satisfied by the end of this term, the order shall be cancelled. 4.4 All costs, both judicial and extrajudicial, incurred by Sunwarrior Nederland due to customer's failure to comply with their obligations, shall be borne by customer. Such costs include those of Sunwarrior Nederland's legal assistance. 4.5 The extrajudicial collection costs incurred by Sunwarrior Nederland shall be at least 15 (fifteen) percent of the sum total of the demand, always with a minimum of €100.
5. Term of inspection/right of withdrawal
5.1 In case of a consumer purchase in accordance with the Remote Sales Act [Wet verkopen of Afstand] (article 7:5 of the Dutch Civil Code), customer has the right to return (part of) the delivered goods within a term of 14 working days, without stating reasons. This term starts at the moment the ordered goods are delivered. Before returning the goods, customer must notify Sunwarrior Nederland of the return in writing within 14 working days after receipt. If customer does not notify Sunwarrior Nederland of their wish to use the legal right of return within the term of inspection of 14 days after receipt, the purchase is final. During the reflection period, consumer shall handle the product and its packaging with care. They shall only unpack or use the product as far as necessary to be able to judge the product's nature, features and functioning. If they decide to use their right of withdrawal, they shall return the product to contractor within 28 days after receipt, in accordance with contractor's reasonable and clear instructions. Customer must prove that the delivered goods were returned on time, e.g. through a certificate of shipping. The goods must be returned in the original packaging (including accessories and corresponding documentation) and in as-new condition. If the goods are used, encumbered or damaged in any way, Sunwarrior Nederland reserves the right to charge depreciation. In compliance with the provisions of the previous sentence, Sunwarrior Nederland shall refund the payment within 14 days after correctly receiving the return shipment, or within 14 days after proof of return shipment (the content of the return shipment must be stated explicitly on the certificate of shipping). In case of return of the complete purchase, the purchase price, including any shipping and/or payment costs, shall be refunded to customer. In case only a part of the received goods is returned, only the purchase value of the returned goods shall be refunded. Additional costs resulting from a shipping method that is more expensive than the cheapest standard delivery, shall never be refunded. The return of the delivered goods shall be completely at customer's expense and risk. 5.2 The right of withdrawal does not apply to: - service agreements, after full performance of the service, and exclusively when the performance started with consumer's express and prior approval, and consumer declared to lose their right of withdrawal on full performance of the agreement by contractor. - goods and services of which the price is subject to fluctuations on the financial market, on which supplier does not have any influence and that may occur during the term of the right of withdrawal. - goods manufactured in accordance with consumer's specification, such as custom-made products, or goods with a clearly personal character. - products that expire within the 14-day reflection period (perishable products). - sealed products that are unsuitable for return for health and hygiene reasons, and of which the seal is broken after delivery. - goods or services that, for their nature, cannot be returned, e.g. for hygiene reasons or because they quickly perish or get out of date. - the delivery of loose newspapers and magazines.
6. Data management
6.1 If you register on Sunwarrior Nederland's website, your data will be incorporated in Sunwarrior Nederland's client database. Sunwarrior Nederland complies with the Person Registration Act [ Wet Persoonsregistraties], and shall not provide your data to third parties. 6.2 Sunwarrior Nederland respects the privacy of the users of the website, and shall make sure your personal data are handled with care. 6.3 Sunwarrior Nederland uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.
7. Warranty
7.1 No warranties are given for delivered goods, except for any possible manufacturer's or wholesaler's warranty and unless explicitly agreed otherwise in writing. 7.2 Sunwarrior Nederland guarantees that the goods comply with all necessary inspection criteria, and that the goods are inspected regularly. 7.3 The warranty provisions only apply if the delivered products are used properly and in accordance with any advice provided to customer. 7.4 If a product turns out to be faulty, defective or of inferior quality, customer is entitled to replacement, unless we choose to refund the purchase price after return of the products in question. 7.5 Any warranty expires when customer: a) changes the delivered goods or the provided services or has them changed b) uses the delivered goods or the provided services for any purposes other than those intended.
8. Offers
8.1 Offers are without commitment, unless stated otherwise in the offer. 8.2 When buyer accepts an offer without commitment, Sunwarrior Nederland reserves the right to cancel or change the offer within 3 working days after receiving the acceptance. 8.3 Orally made commitments are only binding for Sunwarrior Nederland after explicit confirmation in writing. 8.4 Sunwarrior Nederland's offers do not automatically apply to repeat orders. 8.5 Sunwarrior Nederland cannot be kept to an offer if customer reasonably should have understood that the offer, or part thereof, contained an apparent mistake or typing error. 8.6 Additions, changes and/or further agreements shall only be valid if agreed in writing.
9. Agreement
9.1 An agreement between Sunwarrior Nederland and a client is made after an order or assignment has been checked for feasibility by Sunwarrior Nederland. 9.2 Sunwarrior Nederland reserves the right to reject orders or assignments, or to accept them only on the condition that delivery is made under COD or after advance payment, without stating reasons.
10. Images and specifications
10.1 All images; photographs, drawings, etc., and data concerning weights, dimensions, colours, pictures of labels, etc. on Sunwarrior Nederland's website are estimates and indications only. They can never lead to any compensation of damages or dissolution of the agreement.
11. Force majeure
11.1 Sunwarrior Nederland is not liable for failure to comply with its obligations if and as far as this is the result of force majeure. 11.2 Force majeure means ayn strange cause, and any circumstance of which Sunwarrior Nederland does bear the risk according to the standards of reasonableness. Delays or non-performance by suppliers, Internet failures, electricity failures, email traffic failures and failures or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by Sunwarrior Nederland's suppliers, manufacturers and/or auxiliaries, illness of staff, and defects in auxiliary or transport means are explicitly regarded as force majeure. 11.3 In case of force majeure, Sunwarrior Nederland reserves the right to suspend its obligations, and to dissolve the agreement, partly or completely, or to demand that the agreement is changed so that compliance is still possible. Sunwarrior Nederland does not have the obligation to pay any fines or damages in any case. 11.4 If Sunwarrior Nederland has already complied with part of its obligations when the force majeure presents itself, or if it is only able to comply with part of its obligations, it has the right to invoice the already delivered part or the deliverable part separately, and customer must pay this invoice as if it were a separate contract. However, this does not apply if the already delivered part or deliverable part does not have any individual value.
12. Liability
12.1 Sunwarrior Nederland is not liable for damage to vehicles or other objects resulting from improper use of the products. Before use, please read the instructions on the packaging and/or consult our website. 12.2 There is a possibility that certain information is eventually outdated or no longer correct. Sunwarrior Nederland is not liable for the consequences of activities based on the information on its website. 12.3 Sunwarrior Nederland does not accept liability for any images on its website. All images; photographs, drawings, etc., and data concerning weights, dimensions, colours, pictures of labels, etc. on Sunwarrior Nederland's website are estimates and indications only. They can never lead to any compensation of damages or dissolution of the agreement. 12.4 Customer indemnifies Sunwarrior Nederland against all claims from third parties, resulting from or related to the (performance of the) agreement with customer.
13. 13. Customer's obligations
13.1 In case of resale, customer is obliged to collaborate on and accept the measures we take to boost the sale, and of which we shall always notify customer on time. These sale improving measures may include advertising, special offers, maintenance of certain prices, etc. With regard to the latter, please note that this refers to the prices we determined in the price list, for sales to retailers and consumers. The product must never be offered for a price below the price Sunwarrior Nederland offers. 13.2 Customer can only sell the products we bring out in their original retail packaging, undamaged and without any changes. 13.3 Customer is expected to store the products in a suitable (dry) storehouse, stockroom or other suitable space for this purpose, immediately after receiving them. 13.4 Customer commits himself to refrain from supplying our products as a giveaway, and from offering our products together with other products for a combined price.
14. Retention of title
14.1 All goods sold and delivered by Sunwarrior Nederland to customer remain the property of Sunwarrior Nederland as long as customer has not satisfied all of Sunwarrior Nederland's demands under the agreement or earlier or later similar agreements, as long as customer has not carried out the work under this agreement or similar agreements, and as long as customer has not satisfied Sunwarrior Nederland's demands because of failure to comply with such agreements, including demands with regard to fines, interests and costs, all of the above as referred to in article 3:92 of the Dutch Civil Code. 14.2 The goods delivered by Sunwarrior Nederland that are subject to retention of title can only be resold within the framework of normal business operations, and can never be used as a means of payment. 14.3 Customer is not allowed to pledge or otherwise encumber the goods that are subject to retention of title, until customer has complied with their payment and other obligations towards Sunwarrior Nederland. 14.4 Customer hereby gives Sunwarrior Nederland, or a third party appointed by Sunwarrior Nederland, the unconditional and irrevocable permission to access all places where its possessions are located and to take them from there in all cases in which Sunwarrior Nederland wishes to exercise its rights of ownership. 14.5 In case third parties take possession of, or wish to establish or exercise rights on delivered products that are subject to retention of title, customer must notify Sunwarrior Nederland of this as soon as may reasonably be expected. 14.6 When customer fails to comply with any obligation under the agreement, on time, properly or at all, or if there is reasonable fear that customer will fail to do so or that another circumstance as referred to in article 13 paragraph 1 will present itself, we shall have the right to take back (or have taken back) the delivered goods that are subject to retention of title from customer or from third parties.
15. Compensation
15.1 Buyer is not allowed to compensate the invoices issued by Sunwarrior Nederland or to settle them with any invoices buyer sent to Sunwarrior Nederland.
16. Bank guarantee
16.1 If required and in case of larger orders, Sunwarrior Nederland has the right to demand a bank guarantee from buyer.
17. Advertising compensation
17.1 Any advertisements placed by customer may only be compensated if Sunwarrior Nederland has approved of the placement of the advertisement, its text and dimensions, and the total price beforehand and for each case separately. A sample copy and an invoice (or copy thereof) must always be produced.
18. Cancellation
18.1 We reserve the right to terminate the agreement with customer without judicial intervention if customer: a) applies for a moratorium, files a petition in bankruptcy, is declared bankrupt, or is placed under judicial supervision; b) fails to comply with any (payment) obligation under the agreement, properly, on time or at all, and after we have declared them in default and given them a reasonable time to comply; c) decides to liquidate and/or cease their business; d) loses the control of their property, or, in case customer is a natural person, is made a ward of court or dies. 18.2 In case of termination under the previous provision, all claims against customer shall be immediately due and, additionally, we shall have the right to demand full compensation of damages, lost profit and/or statutory commercial interest. 18.3 When the agreement is cancelled by buyer, the resulting costs incurred by Sunwarrior Nederland shall be borne by buyer. However, if Sunwarrior Nederland cancels the agreement, we shall not be liable for any resulting costs.
19. Copyright
19.1 Sunwarrior Nederland's website is subject to copyright. This means that nothing from the texts or graphic images on the website may be multiplied and/or made public by printing, photocopying, faxing, retyping, storing in an automated data file or otherwise without written permission from Sunwarrior Nederland. Please direct your application for permission to info@sunwarriornederland.nl 19.2 Some references made on Sunwarrior Nederland's website refer to information sources controlled and maintained by third parties. Sunwarrior Nederland does not control these and is not responsible for their accuracy or for any other aspect of the information on third parties' websites and servers.
20. Applicable law competent judge
20.1 All agreements are governed by Dutch law. 20.2 All disputes resulting from an agreement between Sunwarrior Nederland and buyer that cannot be settled by mutual agreement, shall be decided by the competent judge of the district of Amsterdam, unless Sunwarrior Nederland prefers to bring the case before the competent judge of buyer's place of residence, and with the exception of all disputes under the competence of the cantonal judge.
