1. These Terms and Conditions apply to all offers made by, orders placed with and agreements concluded between the customer and Digitalstreet.nl B.V.
2. Acceptance of an offer or placement of an order by the customer indicates his or her acceptance of these Terms and Conditions.
3. Deviations from provisions of these Terms and Conditions will be valid only if they have been approved by Digitalstreet.nl B.V. in writing, in which case the other provisions continue to apply unimpaired.
4. All rights and claims, as stipulated in these Terms and Conditions or in any further agreements for the benefit of Digitalstreet.nl B.V., are likewise stipulated for the benefit of intermediaries and other third parties engaged by Digitalstreet.nl B.V.
5. These Terms and Conditions are consistent with consumer rights arising under the law (or the sales agreement).
|Article 2: Offers/agreements|
1. All offers made by Digitalstreet.nl B.V. are without obligation and Digitalstreet.nl B.V. explicitly reserves the right to alter prices, in particular if it is required to do so under (statutory) regulations.
2. An agreement is only established after Digitalstreet.nl B.V. has accepted the order. Digitalstreet.nl B.V. is entitled to refuse orders or to attach certain conditions to their delivery, unless explicitly stipulated otherwise. If an order is not accepted, Digitalstreet.nl B.V. will communicate this within ten (10) days after receipt of the order.
|Article 3: Prices and payments|
1. Prices for offered products and services are in euros, are inclusive of VAT but exclusive of handling and shipment costs, taxes and other fees, unless otherwise indicated or agreed in writing.
2. Digitalstreet.nl B.V. offers various payment options.
Advance payment: The customer can pay in advance. The order will be delivered after payment has been received by Digitalstreet.nl B.V. In the event of payment in advance, the customer is requested to pay the total amount into [international bank account].
Payment by credit card: Digitalstreet.nl B.V. accepts credit cards (MasterCard, Visa and American Express). Please note that any payment by credit card will have an additional 3% commission charge added.
3. If the prices for the offered products and services are lowered in the period between the placement of the order and the execution of the order, the order amount will be adjusted automatically.
1. Deliveries will take place within 30 days, unless otherwise agreed. If the ordered products are not delivered within 30 days, the customer may dissolve the sales agreement.
2. Delivery times stated by Digitalstreet.nl B.V. are indicative only and delays will not entitle the customer to damages.
3. Delivery of the products will be made at the place and time at which the products are ready for shipment.
4. When purchasing products, the customer may dissolve the agreement without stating reasons within 14 days, starting the day after the ordered products have been received. The customer shall notify us in writing (by letter or email) within 14 days. During this term, the customer shall handle the product and packaging with care. The customer shall only unpack or use the product insofar as is necessary to be able to decide if he or she wishes to keep the product. If the customer exercises his or her right of withdrawal, the customer shall Ėif reasonably possible Ė return the product and all supplied appurtenances in their original condition and packaging, in accordance with the reasonable and clear instructions provided by Digitalstreet.nl B.V.
|Article 5: Cancellation of orders|
1. The customer has the right to cancel his or her order. However, he or she has to do so before the order has been shipped by Digitalstreet.nl B.V. If the order is cancelled (returned) after shipment, the shipment and payments costs will be deducted from the amount to be refunded.
2. If the order amount has already been paid, it will be refunded into the customerís contra account within 14 working days.
3. If the order is cancelled after it has been shipped, the postage charges for returning the products shall be paid by the customer.
|Article 6: Retention of title|
1. The ownership of delivered products will only be transferred if the customer has paid all amounts due to Digitalstreet.nl B.V. under any agreement. The risk with respect to the products is already transferred to the customer at the time of delivery.
|Article 7: Complaints and liability|
1. Upon delivery, the customer shall inspect if the products conform with the agreement. If this is not the case, the customer shall contact Digitalstreet.nl B.V. as soon as possible and in any case within two (2) days after delivery, that is to say after establishment of the nonconformity was reasonably possible.
2. If a product is defective, the manufacturer/importer will determine if the product will be repaired or replaced.
3. If it is plausible that the defect is attributable to the customer or otherwise shall be at his or her expense and risk, it will be agreed between the customer and Digitalstreet.nl whether the product is to be returned in the same, defective condition or is to be repaired/replaced at the expense of the customer.
4. Products delivered by Digitalstreet.nl B.V. come with full manufacturerís warranty, in accordance with the terms and conditions stipulated by the relevant manufacturer.
5. The customer is offered the opportunity to extend the warranty.
|Article 8: Orders/communication|
1. Digitalstreet.nl B.V. is not liable for misinterpretations, mutilations, delays or improper delivery of order data and notices as a result of the use of Internet or any other means used for communication between the customer and Digitalstreet.nl B.V. , or between Digitalstreet.nl B.V. and third parties, insofar as this communication relates to the relationship between the customer and Digitalstreet.nl B.V., unless and insofar as the misinterpretations, mutilations, delays or improper delivery were caused by intent or gross negligence on the part of Digitalstreet.nl B.V. .
1. Digitalstreet.nl B.V. respects the privacy of all users of its site and complies with the Dutch Registration of Persons Act. Any personal data provided by the customer will be treated confidentially.
2. Personal data include all data entered in the order form.
3. Digitalstreet.nl B.V. will use the customerís personal data to fulfil the agreement. The data will not be made available to third parties, unless these directly relate to the order agreed between the customer and Digitalstreet.nl B.V.
4. The customer can inspect his or her personal data at all times by submitting a request to that effect in writing (by fax, letter or email) to Digitalstreet.nl B.V. An overview of the registered personal data will be provided within 4 weeks. If the customer wishes to alter, supplement or delete personal data, he or she should notify Digitalstreet.nl B.V. in writing. Digitalstreet.nl B.V. will act upon the customerís instructions immediately or delete the customerís data from its files.
|Article 10: Force majeure|
1. Without prejudice to its other rights, Digitalstreet.nl B.V. in the event of force majeure has the right to, at its discretion, suspend the execution of an order or dissolve the agreement without court intervention, by notifying the customer in writing and without Digitalstreet.nl B.V. being liable to pay damages, unless under the given circumstances this would be unacceptable according to the standards of reasonableness and fairness.
2. Force majeure includes any shortcoming which cannot be attributed to Digitalstreet.nl B.V., because it is not its fault and shall not be at its expense under the law, by virtue of a juristic act or according to generally accepted standards.
|Article 11: Miscellaneous|
1. If the customer provided an address in writing to Digitalstreet.nl B.V., Digitalstreet.nl B.V. is entitled to ship all orders to that address, unless the customer provided another address in writing to Digitalstreet.nl B.V. to which orders should be shipped.
2. If Digitalstreet.nl B.V., whether or not implicitly, has permitted deviations from these Terms and Conditions for a shorter or longer term, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. The customer may never exercise any right on the basis of the fact that Digitalstreet.nl B.V. has applied these Terms and Conditions flexibly.
3. Should one or more of the provisions of these Terms and Conditions or any other agreement with Digitalstreet.nl B.V. be contrary to any applicable regulation, the relevant provision will cease to apply and be replaced by a similar, legally valid provision that will be determined by Digitalstreet.nl B.V.
4. Digitalstreet.nl B.V. is authorised to engage third parties in executing order(s).
|Article 12: Applicable law and competent court|
1. Specifications are subject to alterations and/or typing errors. No rights can be derived from errors.
2. Disputes between the parties will only be submitted to the competent court.