General Conditions

 

On this page you find our General Conditions.

These are applicable on all orders, payments and deliveries.

 

In case of questions regarding General Conditions, please contact our customer service.

 

Also an inquiry can be made with the form below.

 

1 Applicability

 

1.1 These General Conditions of E-Shopps (identified hereafter as: General Conditions) apply to all offers that are represented by means of distant purchase, exclusive of possible other General Conditions.

1.2 Besides these General Conditions, Additional Conditions can apply to certain services or products if emphatically indicated. If there are differences between the Additional Conditions and the General Conditions, the Additional Conditions will apply above the General Conditions, unless it is stated differently.

1.3 Differences from these General Conditions are only valid if they have been arranged in writing with E-Shopps.

1.4 ”Buyer” means: every visitor of the website or every natural person or legal entity who acquires a product and/or a service through the website, by telephone or in another way, by means of distant purchase, in the way as described in section 2.

1.5 ”Consumer-Buyer” means: every visitor of the website, being not a legal entity, or any natural person who acquires a product and/or a service through the website, by telephone or in another way by means of distant purchase, in the way as described in section 2.

1.6 ”Time of approval” means: the period in which Buyer can use his repeal right (see section 6).

1.7 ”Distant purchase” means: a system, organised by E-Shopps for distant sale or service, with the exclusive use of the techniques for distant communication until the agreement is made.

1.8 E-Shopps reserves the right to change or complement these General Conditions from time to time.

1.9 By the use of the website of E-Shopps and/or the placing of an order, Buyer accepts these General Conditions as well as every other right and duty as stated on the website.

1.10 E-Shopps is authorized to use third parties to implement an agreement with Buyer.

 

 

2 Offers and realisations of agreements

 

2.1 Offers or quotations have to be regarded as a request to potential Buyers to make an offer. E-Shopps is not bounded by this in any way, unless this has been put down in writing unmistakable. The acceptance of the request to make an offer by the potential Buyer counts as an offer and only leads to the realization of an agreement, if the other stipulations of this section have been fulfilled.
2.2 Offers, special offers and outlet-offers are valid as long as they are mentioned on the website and while stock last or as long as items are available.
2.3 An offer from the potential Buyer as mentioned in section 2.1 is regarded as being made if Buyer has exactly indicated which product or service he wishes to receive and has filled in the data on the appropriate form on the website and has sent the data (”order form”) via electronic way and the data have been received by E-Shopps.
2.4 An agreement is realized the moment a confirmation of order has been sent to Buyer to the (e-mail)address Buyer indicated.
2.5 Buyer and E-Shopps expressly agree that a valid agreement is realized by the use of electronic communication ways, as soon as the conditions of section 2.3 and 2.4 have been met. The lack of a signature does not alter the binding application and the acceptance of the offer.
2.6 Information, pictures, announcements, given verbally, by telephone, e-mail or otherwise and orders etc. with respect to all offers and the most important features of the products will be given as accurate as possible.

However, E-Shopps does not guarantee that all offers and products fully meet the given information etc. Differences cannot be a reason for compensation and/or disbandment in principal.

3 Prices

3.1 All prices are expressed in Euros, according to the statutory regulations on this subject and are including turnover tax.
3.2 Buyer is due the price that E-Shopps mentions with the products on the website or in any other way by means of one of the techniques for distant communication and that E-Shopps mentioned in her confirmation to Buyer according to section 2.4. Obvious (manipulative) errors in the price as evident inaccuracies can be corrected by E-Shopps, also after the realization of the agreement.
3.3 Delivery costs are not included in the price. Special tariffs are valid for delivery outside the Netherlands. E-Shopps indicates the delivery costs, which are for the account of Buyer, when the agreement is made. In respect to certain methods of payment, further conditions can apply according to the way of delivery and the costs involved. This will be communicated clearly to Buyer.
3.4 Price increases are not allowed to take place after the realization of the agreement, unless:
- the price increase is the consequence of statutory regulations or terms
- Buyer is authorized to cancel the distant agreement on the day the price increase takes effect.E-Shopps

4. Payment

4.1 E-Shopps offers Buyer, depending on the product in question and the desired delivery date, a wide range of methods of payment (Visa, Mastercard, American Express, iDeal, banktransfer and PayPal). This is communicated to Buyer on the website. All orders by means of distant purchase have to be paid in advance by Buyer. Before the agreed prepayment has taken place, Buyer has no right to execution of the order in question or the request to provision of services.
E-Shopps handles the order date as due date on the account statement of the credit cards.
4.2 A number of methods of payment can only be used if the conditions of these methods, including a verification on Buyer’s creditworthiness and authenticity, have been met.
4.3 E-Shopps sets great store by a safe and reliable payment for Buyer. This is of more importance if Buyer pays through the internet. E-Shopps has taken a number of steps to take care that Buyer can pay safely. In this respect, however, E-Shopps takes no responsibility or liability.
4.4 In case the method of payment through a credit card is chosen, the conditions of the card publisher in case are applicable. E-Shopps is no party in the relation between Buyer and the card publisher.
4.5 In case after realization of the agreement it proves that the payment made by Buyer is withdrawn by him or a third party, this results in a immediate due claim of E-Shopps on Buyer.
4.6 At the expense of Buyer are, in case of non-timely payment, not only legal interests, but also all judicial and extra judicial costs of any kind, that E-Shopps has to make because Buyer did not meet his obligations. The extra judicial collection costs are charged according to the “Nederlandse Orde van Advocaten” tariff, with a minimum of € 45,00 excluding VAT.
4.7 In case of non-timely payment, as mentioned in section 4.6, E-Shopps is authorized to annul the agreement extra judicially immediately or to postpone (further) delivery of products until the moment Buyer has fully met his payment obligations, including payment of due interest and costs.E-Shopps

5 Delivery and delivery time

5.1 E-Shopps will exercise due caution in receiving and executing the orders of products and in assessing the demands to provide services. Orders will be delivered as soon as possible, normally within 30 days. Exceeding this 30 days delivery tim results in customers right to cancel the order.
5.2 The delivery times given by E-Shopps are only indicative and can never be regarded as fatal term. E-Shopps can give further information about delivery terms on the website or in another way in writing or if requested verbally if desired. Such information only has an indicative character.
5.3 The overrun of any delivery term does neither give Buyer a right to a compensation nor the right to cancel the order or to annul the agreement, unless the overrun is so much that Buyer can not be expected in all fairness to preserve the agreement. In this case, Buyer is authorized to cancel the order or to annul the agreement as far as necessary.
5.4 In case Buyer orders a product that is temporarily not in stock, it will be indicated when the product will be available again. Buyer will be informed of delays via e-mail.
5.5 Deliveries will take place at the address Buyer has given at the time the agreement was realized. When paying with a credit card E-Shopps has to observe the requirements as stated by the card publishers on the place of delivery. This will be indicated to Buyer in time.
5.6 As soon as the products to be delivered have been delivered to Buyer on the destination, the risk of these products transfers to Buyer. In case the products are delivered in vain at the address Buyer gave and/or at the Post Office, or Buyer’s neighbours (if Buyer has indicated this explicitly before), the risk transfers to Buyer as soon as the products have been delivered in vain and/or delivered at the Post Office or at Buyer’s neighbours.
5.7 Different conditions can apply in case of deliveries in foreign countries.
5.8 The way of packaging, forwarding and the choice of the packing material is decided by E-Shopps.

6 Time of approval / repeal right

6.1 In case of distant purchase Buyer will have the products on approval for thirty (30) calendar days on receipt of the products, in which period Buyer is entitled to annul the agreement without reason and to return the ordered products.
6.2 In case Buyer used the repeal right as mentioned in section 6.1, E-Shopps will take care of a refund of the amount Buyer paid to E-Shopps within thirty (14) days, excluding possible charged delivery costs or by Buyer made returning costs.
6.3 From the repeal right is exclusive the distant purchase of products, which:
1) have been realized according to Buyer’s specifications;
2) are clearly of a personal character;
of which:
3) the transparent seal has been broken by Buyer.

7 Restriction of ownership

7.1 Ownership does not transfer to Buyer, despite the actual delivery, until Buyer has paid the total amount due according to any agreement with E-Shopps, including interest and costs, also from earlier or later deliveries and any carried out activities according to the products.
7.2 Buyer cannot charge, sell, deliver through, alienate or otherwise encumber the products, before the ownership of these products has transferred.

8 Warranty and liability

8.1 E-Shopps vouches for it that the products delivered by her meet the specifications that are indicated on the website, the reasonable requirements of reliability and utility and are not against existing government orders. If applicable, the general warranty conditions apply to the products delivered by E-Shopps. This is the warranty as determined by the manufacturer or the importer to her products. This warranty lets the rights of Buyer with regard to the product that result from compulsory made legal stipulations, unimpeded.
8.2 Unabated the stipulations of this section, warranty is out of the question in case wear of the product can be considered normal and further in the following cases:
- in case changes have been made to the product, including repairs that have been made without permission of E-Shopps or the manufacturer;
- in case defects to the product are the result of inappropriate or injudicious use;
- in case damage to the product is the result of an intention, glaring carelessness or negligent maintenance on Buyer’s side.
8.3 E-Shopps can never be obliged to pay any compensation to Buyer or others, unless purpose or glaring blame on E-Shopps’s side is in question. E-Shopps is never liable for consequential damage or company loss, indirect damage and profit or turnover loss.
8.4 In case E-Shopps, for any reason whatsoever, is obliged to compensate for the damage, the compensation will never be higher than the invoice amount with regard to the product or the service as a result of which the damage has been caused.
8.5 Buyer is obliged to indemnify E-Shopps against any claim a third party may lay to E-Shopps with regard to the implementation of the agreement, assuming the law does not resist that the damage and costs have to be at Buyer’s expense.
8.6 The information on the website is complemented and/or readjusted regularly. E-Shopps reserves the right to make any changes to take effect at once without notification.
8.7 The contents of the website, as well as the contents of all other expressions from E-Shopps on the internet, have been composed with the utmost precision. However, E-Shopps cannot guarantee the kind, correctness or contents of this information.
E-Shopps is neither liable for possible errors, inaccuracies, misunderstandings, delays or orders and announcements that do not come through clearly as a result of the use of the internet or any other (electronic) means of communication in the commerce between Buyer and E-Shopps, nor for the consequences of the use of the concerning information.
Furthermore, E-Shopps excludes every liability with respect to the advices and answers to questions, unless it is a question of purpose or a glaring fault.
8.8 It is possible that E-Shopps includes links on her Website to other internet sites that can be interesting or informative for the visitor. Such links are purely informative. E-Shopps is not responsible for the contents or the using of internet sites that are referred to.
8.9 E-Shopps is neither responsible for the sound and clear functioning of the telecommunication infrastructure  and the used peripheral equipment or for the failure or non-access of her system nor for any possible consequences. Among other things but not exclusively, failure in the connection with internet providers, failure in used telecommunication connections, full occupation of the lines, power failure and other failures are meant by this.
8.10 Further, E-Shopps is not responsible for possible damage as a result of, temporarily or not, non-availability of the order possibility, non-accessibility or removal of the Website due to maintenance or otherwise.

9 Force Majeure

9.1 In case of force majeure, E-Shopps is not kept to meet her obligations towards Buyer, respectively her obligations towards Buyer are postponed for the period of the force majeure.
9.2 By force majeure is meant every circumstance irrespective of her intention, as a result of which the observance of her obligations towards Buyer is fully or partially prevented. Part of these circumstances are among other things strikes, fire, company failures, power failures, non or non-timely delivery of suppliers or other third parties involved and the lack of any permit by the government. Also are meant failures in a (telecommunication) system or connection or used communication systems and/or the non availability of the Website at any moment.

10 Intellectual ownership

10.1 Buyer explicitly admits that all rights of intellectual ownership of given information, announcements or other expressions with respect to the products and/or with respect to the Website rest with E-Shopps, her suppliers or other parties entitled.
10.2 By intellectual rights of ownership are meant patent-, copy-, mark-, design-, and model rights and/or other (intellectual) rights of ownership, including “sui generis” rights on data banks and topography of semiconductor products, or other products, as well as, patentable or not, technical and/or commercial know how, methods and concepts.
10.3 It is prohibited for Buyer to use the intellectual rights of ownership (including the making of changes) as described in this section, for instance multiplication without express previous permission in writing from E-Shopps, her suppliers or other parties entitled, unless it is purely a question of private use in relation with the product itself.
10.4 E-Shopps declares that, to the best of her judgement, she does not violate the rights of intellectual ownership of third parties valid in the Netherlands or internationally. In case an action is instituted due to a violation of such rights or there is a possibility for this, E-Shopps can, to her choice, among other things replace or change the concerning brand or product or obtain the right to continue the use of this brand or product or fully or partially terminate the contract while refunding the paid price for the product to Buyer, if necessary while deducting a reasonable amount for depreciation.
10.5 Buyer will notify E-Shopps in writing of any liability or legal measure taken against him as soon as possible, based on the position that the goods sold by E-Shopps violate any intellectual right of ownership valid in the Netherlands or internationally.
10.6 E-Shopps does not assume any responsibility due to any violation as mentioned in subsection 3 and/or 4 of this section, in case the violation is connected with the fact that Buyer has adjusted or changed a product without express permission in writing from E-Shopps.
10.7 The Website and all it’s parts, with the exception of certain hyperlinks, are the property of E-Shopps. It is not allowed to make the Website, parts from it or it’s database public, copy or file without express permission in writing from E-Shopps. This permission is not required for private, non-commercial use.

11 Personal data and privacy

11.1 E-Shopps will handle Buyer’s data exclusively in accordance with her privacy policy. With that, E-Shopps will comply with the applicable privacy rules and legislation.
11.2 E-Shopps deems it a matter of great concern to handle the data provided by Buyer carefully and confidentially. When Buyer visits the website and/or places an order, several data are collected so that an optimal service to Buyer can be offered.
11.3 E-Shopps records Buyer’s data in a database, that has been reported to the “College Bescherming Persoonsgegevens” at Den Haag, according to the “Wet Bescherming Persoonsgegevens”.
11.4 The data that E-Shopps handles are on the one hand the data that Buyer filled in on the appropriate forms on the Website and the data that are asked from Buyer when placing an order during the order process. The data provided by Buyer concern name, address, e-mail address etc. On the other hand these are the so-called “commerce data” of Buyer when visiting the Website. Among other things, the IP address of Buyer’s computer is registered. Buyer’s surf conduct can also be examined on the Website. To conclude, E-Shopps can ask for Buyer’s name, address and residence in case Buyer reacts to a special offer or prize contest.
11.5 The Website can contain advertisements of third parties or links to other sites. E-Shopps does not influence and cannot be held responsible for the privacy policy or the sites of these third parties.
11.6 With regard to Buyer’s data, E-Shopps handles a security level that fits with the kind of the data to protect. Among other things, a firewall is used to prevent unauthorized persons from getting to Buyer’s data and certificates that lock the commerce between Buyer’s and E-Shopps’s computer, so that third parties cannot read that information.
11.7 Only persons designated by E-Shopps have access to the registration within the scope of the tasks assigned to them.
11.8 Unless Buyer has expressly given permission, E-Shopps will not use the data for promotion activities and will not put the data at third party’s disposal, except if she is obliged to do so under a statutory regulation and/or if Buyer has chosen to buy on credit. In that case, a credit control will be executed by a third party.
11.9 Buyer is ever allowed to ask E-Shopps which data about him have been handled. Buyer has a right to access to and rectification of his data. In case Buyer wishes to remove his data from the database, he can indicate such in writing by mail. Mutations will be entered and handled as soon as technically possible.
11.10 If Buyer indicates to E-Shopps that he does not wish to receive direct commercial communication by mail, telephone, e-mail etc., E-Shopps will observe this, as far as in her ability.

12 Applicable law and competent judge

12.1 Only the laws of the Netherlands shall apply to all offers and agreements.
12.2 The application of the “Weens Koopverdrag” is expressly excluded.
12.3 All disputes connected with or resulting from offers from E-Shopps or agreements made with E-Shopps are taken to the competent judge in Zwolle, the Netherlands, unless the law expressly indicates another competent judge.

13 Dispute regulation and settlement

13.1 A dispute is only dealt with by E-Shopps if the consumer-Buyer has brought his complaint in writing to E-Shopps within thirty (30) days.