Date: 3 November 2020
Below are the General Terms and Conditions applicable to all agreements which you conclude with us. These General Terms and Conditions contain much information that may be important to you as a customer. You should therefore carefully read the General Terms and Conditions. We also recommend that you save these General Terms and Conditions or print them out so you can consult them at a later date.
Article 1. Definitions
1.1. ShiftinglandsUSA.com: ShiftinglandsUSA.com with the Chamber of Commerce under file number ...
1.2. Customer: the natural person concluding an Agreement with ShiftinglandsUSA.com.
1.3. Agreement: an arrangement, agreement or contract between ShiftinglandsUSA.com and the Customer that includes the General Terms and Conditions.
1.4. General Terms and Conditions: these terms and conditions.
1.5. Website: www.ShiftinglandsUSA.com.
Article 2. Applicability of General Terms and Conditions
2.1. These General Terms and Conditions apply to all the offers of, agreements with and supplies by ShiftinglandsUSA.com, unless expressly agreed otherwise in writing.
2.2. Because the Customer is a natural person not acting in the course of a business or profession, the Customer will only be bound by these General Terms and Conditions if he has been advised of the applicability of these General Terms and Conditions and has accepted their validity in good time before or at the time of the conclusion of the Agreement.
2.3. If the Customer incorporates terms or conditions in its order, confirmation or notice of acceptance that differ from or are not included in these General Terms and Conditions, these will only be binding on ShiftinglandsUSA.com if and insofar as ShiftinglandsUSA.com has expressly accepted them in writing.
Article 3. Offers
3.1. If the information provided by the Customer at the time of the application or Agreement turns out to be incorrect, ShiftinglandsUSA.com will have the right to adjust the prices accordingly.
3.2. Offers made by ShiftinglandsUSA.com will be valid during the period specified on the Website.
Article 4. Prices and shipping costs
4.1. All prices include VAT and other government levies. All prices exclude shipping costs.
4.2. The shipping costs will be included in the eventual total price. The total price will be shown during the ordering process. On that occasion, the shipping costs will be specified as well.
4.3. All the prices presented on the Website are stated subject to manifest programming and typing errors.
Article 5. Formation of the Agreement
5.1. The Agreement will only be formed at the moment when the Customer accepts the offer of ShiftinglandsUSA.com and fulfils the conditions set by ShiftinglandsUSA.com in that context.
5.2. If the Customer accepted the offer electronically, ShiftinglandsUSA.com will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer will be able to terminate the Agreement.
Article 6. Performance of Agreement / delivery period
6.1. Because the Customer is a natural person not acting in the course of a business or profession, the Customer will have the right to terminate the distance agreement with ShiftinglandsUSA.com within 14 days of receiving the product, without stating reasons. In that case, the direct costs of returning the product will be borne by the Customer. Our return address is: ShiftinglandsUSA.com, Donjon 26, 4181DD Waardenburg the Netherlands.
6.2. ShiftinglandsUSA.com will be entitled to engage third parties in discharging its obligations arising from the Agreement.
6.3. The manner of delivery will be specified during the ordering process.
6.4. The delivery period will be 30 days at maximum. If the delivery period exceeds 30 days, the Customer will have the right to terminate the Agreement in writing. If the Customer exercises this right, ShiftinglandsUSA.com will refund any payments made to the Customer as soon as possible and within 30 days after termination.
6.5. If products are not in stock and a delivery period of five working days after receipt of the payment is not feasible, ShiftinglandsUSA.com will contact the Customer.
6.6. Despite the efforts of ShiftinglandsUSA.com to provide the best possible service, the Customer may have a complaint about the services or products supplied. Therefore ShiftinglandsUSA.com recommends that the Customer inspect the goods upon receipt and report any defects found on that occasion within a reasonable period, either in writing or by e-mail. In this respect reference is made to the complaints procedure, Article 14.
6.7. As soon as the products to be supplied have been delivered at the specified delivery address, the risk attached to these products will pass to the Customer.
6.8. ShiftinglandsUSA.com will never be liable for any damage, including theft or loss, caused to the packaging or the product during return shipment.
Article 7. Retention of title
7.1. ShiftinglandsUSA.com will retain the title to the goods supplied. This means that the goods will remain our property until full payment has been received by ShiftinglandsUSA.com.
Article 8. Payment conditions
8.1. The Customer must effect payment to ShiftinglandsUSA.com using the methods specified in the ordering procedure on the Website. Some methods require payment in advance, others payment in arrears. ShiftinglandsUSA.com decides for each order which payment method(s) is or are available.
8.2. Any amounts (still) owed by the Customer after delivery must be paid within 14 days after the delivery of the product.
8.3. In the event that the Customer fails to pay in time, he is obliged to pay, in addition to the amount owed and the interest due, full compensation of both judicial and extra-judicial collection costs, including costs charged by lawyers, bailiffs and debt-collection agencies.
8.4. The claim will be immediately due and payable in the event that the Customer is declared bankrupt or applies for a moratorium, or if the Customer’s assets are attached, the Customer dies or the Customer is wound up or dissolved.
8.5. In the aforesaid cases, ShiftinglandsUSA.com will also have the right to terminate or suspend the Agreement or the part of the Agreement not yet performed, without notice of default or judicial intervention being required and without prejudice to the right of CityOfGlass.eu to demand compensation for any damage it may sustain because of this.
Article 9. Warranty
9.1. The Customer will be entitled to the warranty rights laid down in Book 7, Part 1 of the Dutch Civil Code [Burgerlijk Wetboek]. This warranty means that:
* If you buy a product from us, you will be entitled at all times to a good product, provided that you use the product in the normal way. If a product should fall short of your expectations, we will fully comply with the warranty provisions from the Dutch Civil Code in relation to you. To this end, you must contact us in any case within two months of detecting the defect.
* Following your notification, we will investigate whether we can easily repair the defect or whether we can replace the product and/or the defective components. If this should be impossible, or impossible in the short term, we will offer you the option to terminate the Agreement. In that case, the purchase price will be refunded to you, either wholly or in part.
Article 10. Information on the Website
10.1. The content of the Website has been compiled with the greatest possible care. However, ShiftinglandsUSA.com cannot rule out that the information is incorrect and/or incomplete. ShiftinglandsUSA.com will not be liable for the consequences of an incorrect or incomplete website.
10.2. ShiftinglandsUSA.com cannot be held responsible for colour variations due to screen quality.
Article 11. Complaints procedure
11.1. You can submit your complaint to us in writing and/or by e-mail, via the contact details specified below. As soon as we have received your complaint we will send you a confirmation of receipt. You will receive a response to your complaint within seven days. This may be the final response, but may also be a notification that your complaint requires further investigation. In the latter case, we will also indicate by what date you can expect to receive a final response.
Article 12. Concluding provisions
12.1. The Agreement will be governed by Dutch law.
12.2. Insofar as these General Terms and Conditions or the rules of mandatory law do not dictate otherwise, any disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court.
12.3. If any provision of these General Terms and Conditions should turn out to be null and void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the parties will replace that provision by one or more new provisions reflecting the purport of the original provision as much as is possible under the law.
12.4. The term “written” in these Terms and Conditions also refers to e-mail messages, provided that the sender’s identity and the integrity of the message have been sufficiently established.
If you should have any questions or comments after reading our General Terms and Conditions, then please do not hesitate to contact us in writing or by-email (email@example.com).