Conditions webshop www.CornerStoneShop.nl span>
Terms of Cornerstone Shop, located in Schiedam.
Version valid from 3.1.2009
Article 1. General
1.1 These conditions form part of all
offers and agreements with Cornerstone Shop insofar as not
agreed in writing.
1.2 Bearing in mind the provisions of Article 6.4, these conditions
also apply if Cornerstone Shop for the implementation of all
agreements has to rely on third parties.
1.3 Unless otherwise agreed in writing, the general or
specific terms or conditions of third parties are not recognized by Cornerstone Shop.
1.4 In the event that the Conditions and an Agreement contain conflicting
clauses the Agreement will prevail.
1.5 If any part of the Terms is invalid or unenforceable,
the other provisions of the Terms remain in full force.
Parties will be bound to endeavor, in good agreement, to establish a
replacement clause which is valid and as close as possible to the original
intentions.
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Article 2. Offers and conclusion
Agreements span>
2.1 All offers are without obligation,
unless expressly provided otherwise by Cornerstone Shop.
2.2 Contracts to supply goods and / or services bind Cornerstone Shop
only after written confirmation. Actual implementation by Cornerstone Shop
or an invoice sent by Cornerstone Shop is equivalent to a written
confirmation of the offer.
2.3 If not within 14 days, also in writing, the accuracy of the
contents of this written confirmation is disputed, are both Cornerstone Shop
and buyer bound.
2.4 Offers of Cornerstone Shop do not automatically apply for
reorders.
2.5 Cornerstone Shop can not be held to its offer if the
customer should understand that the offer, or a part
thereof, an obvious mistake or error contained.
2.6 Supplements, amendments and / or further agreements are only effective
if agreed in writing. span>
Article 3. Prices / price increases span>
3.1 All prices, unless otherwise
indicated, expressed in Euros, Brittish Pound or US Dollars, including tax (VAT).
3.2 Cornerstone Shop ensures that price increases after the conclusion of the order
will not happen unless the price increase is the result of legal
arrangements and / or provisions.
3.3 If the price is not the result of legal regulations and / or
provisions, the consumer has the right to terminate the contract on
the date the increase takes effect. span>
Article 4. Delivery span>
4.1 If goods are in stock,
will they be sent immediately after ordering. For sending of ordered
goods the Cornerstone Shop may charges shipping costs. The delivery of
ordered goods takes place at the Cornerstone Shop known mailing address, not
being temporary, and issued to the natural person who is at
the delivery address.
4.2 If the buyer refuses or fails to provide
information or instructions necessary for the delivery, the items
be saved the expense and risk of the buyer.
4.3 The supply obligation Cornerstone Shop will, subject to proof, are
satisfied once the Cornerstone Shop once delivered to the customer
are offered. For home delivery extends the report of the carrier,
includes the refusal of acceptance, the full proof of the offer to
delivery, subject to proof.
4.4 In case of refusal of the goods offered will return, freight and
storage costs and the risk of damage or loss of
denied goods are entirely with the customer unless the customer has, on proper
grounds, the right to terminate the purchase or replacement of the item invokes. span>
Article 5. Delivery Time
5.1 A given delivery time by Cornerstone Shop
is never regarded as a deadline. The first delivery commences
after all required information is in the possession of Cornerstone Shop, after which
Cornerstone Shop will endeavor to within 30 days of delivery will occur.
5.2 In the context of the rules of distance selling will Cornerstone Shop (contractor)
orders expeditiously, but at least within 30 days. If
this is not possible (because the ordered is out of stock or no longer
available), or for other reasons delay, or an order can not
or only partially implemented, will receive the consumer (client)
within 1 month after placing the order and he has in this case
the right order and notice to cancel without penalty. span>
Article 6. Dissolution span>
6.1 Without prejudice to the rights of
Cornerstone Shop based on the Act is entitled by Cornerstone Shop
an appropriate written statement to the recipient the
agreement wholly or partially suspend or terminate the right
on compensation to the buyer after the conclusion of the agreement
to Cornerstone Shop circumstances come to Cornerstone Shop good
ground to fear that the customer does not fulfill its obligations will or
if Cornerstone Shop at the conclusion of the agreement asked
security for the fulfillment and security remains off or is
insufficient (despite a demand) and in case of bankruptcy of the customer,
own bankruptcy application by the customer, moratorium,
liquidation or a resolution to this effect, total or partial transfer of the
company of the customer or seizure of any portion of its assets.
6.2 If circumstances arise with respect to persons and / or
materials whose Cornerstone Shop in the performance of the contract
employed or usually employed, which are such that implementation
of the contract impossible or difficult and / or disproportionately
costly that compliance not reasonably be demanded,
Cornerstone Shop is entitled to terminate the agreement.
6.3 The customer has the right to have goods delivered under a
order at Cornerstone Shop, if there is a consumer,
Article 7:5 BW, within a period of 14 days without giving
reason of the agreement, unless otherwise
agreed. This period begins when the ordered goods are
delivered. If the customer after this period the delivered goods
to Cornerstone Shop has returned, the purchase is a fact. The customer is
held, before proceeding to return accordingly within the period of
14 days after delivery to make reference to Cornerstone Shop. The customer must
to prove that the goods delivered on time (within 17 days after delivery)
were returned, for example by means of a proof of postal delivery.
The return of the delivered goods is the sole responsibility and risk of
the customer. Return of the goods must be made in the original
packaging (including accessories and documentation) and in new
condition. If the goods to the customer are used, encumbered or
any way corrupted, the right of rescission under
of this paragraph. With regard to what is stipulated in the preceding sentence, confirms
Cornerstone Shop receipt and inspection of the returned goods received the
rescission of the sale immediately and ensure that within 30 days of good
receipt of the complete return, the full purchase amount to the
customer charge will be refunded. Span>
Article 7. Force span>
7.1 Force majeure is defined as next
thereof in the law and jurisprudence, all
circumstances which Cornerstone Shop does not control and which the delivery of
things hinder or prevent, including but not limited to
strike at Cornerstone Shop and / or suppliers, disruptions in the Internet
or WAP, disruptions in the electricity, disruptions in email traffic and disturbances
or changes in technology supplied by third parties.
7.2 A force majeure may also be done if the circumstance rendering (further)
fulfillment occurs after Cornerstone Shop the commitment should
obligations.
7.3 If the period in which the fulfillment of the obligation by
Cornerstone Shop impossible takes longer than 2 weeks, both parties
entitled to terminate the agreement without there being in that case
obligation to pay compensation. 7.4 If at the Cornerstone Shop
force majeure already partially fulfilled its obligations,
or only partially fulfill its obligations is entitled
already delivered or deliverable part separately to invoice the
customer must pay this invoice as if it were a separate
contract. This does not apply if the already delivered or deliverable part no
independent value. span>
Article 8. Warranty span>
8.1 Cornerstone Shop offers no comprehensive
warranty on goods supplied to the warranty (conditions) of the manufacturer
these matters, without the rights of the buyer arising from
mandatorily be at risk.
8.2 Cornerstone Shop is never responsible for the final
suitability of the goods for each individual application by the customer, nor
for any advice regarding the use or application of the business.
8.3 The customer is obliged to delivered goods immediately upon receipt
arrival. Should the delivered item wrong, inadequate or
incomplete, the customer must (before proceeding to return to
Cornerstone Shop) these defects immediately in writing to
Cornerstone Shop. Any defects or faulty goods should and
can look up to 2 months after delivery to Cornerstone Shop
be reported in writing. Return of the goods must be made in the
original packaging (including accessories and documentation) and
new condition. Operation after detection of failure, damage
occur after the confirmation of absence, encumbrance and / or sale after
finding of default, does the right to claim and return whole
lapse.
8.4 If the customer complaints by Cornerstone Shop based are found to be
Cornerstone Shop will at its option or the goods supplied or replaced free of charge
with the client a written scheme for the compensation measures, with
Provided that the liability of Cornerstone Shop and therefore the
amount of compensation to be limited to no more than the invoice amount
of the relevant goods, or (at the discretion of Cornerstone Shop) to the maximum
in the case concerned the liability of
Cornerstone Shop the amount covered. Any liability of Cornerstone Shop
for any other form of damage is excluded, including any
additional compensation of any kind, reimbursement of indirect
or consequential damages or damages for lost profits.
8.5 Cornerstone Shop is not liable for damage caused intentionally or
equivalent recklessness of non-managerial staff.
8.6 This warranty does not apply if: A) as long as the purchaser against
Cornerstone Shop is in default; B) the customer the delivered goods itself
countered and / or processed or by third parties to reparerenen / or edit. C)
the delivered goods have been exposed to abnormal conditions or otherwise
careless handling or contrary to the instructions of
Cornerstone Shop and / or instructions on the packaging; D)
unsoundness in whole or in part the result of rules which
government has made or will make regarding the nature or quality
of the materials used; span>
Article 9. Payment span>
9.1 Unless otherwise agreed, the
advance payment by bank transfer to account number IBAN
NL77INGB0006244561 SWIFT INGBNL2A name of TJAC van Duijn. Or Via PayPal.
Payment in installments is not possible.
9.2 After the expiry of 10 days after the invoice date is the recipient of
legally in default and from that moment an interest of 1% per
month on the amount due, unless the statutory interest rate is higher in which
case the legal interest which a portion of a month for a
entire month.
9.3 In the event of bankruptcy or receivership of the recipient or a
application therefore, the claims of Cornerstone Shop and obligations
of the buyer against Cornerstone Shop payable immediately.
9.4 If Cornerstone Shop her claim for collection must provide is
the buyer a fixed amount of 15% of the to
extrajudicial collection costs, with a minimum of 250
euro.
9.5 If Cornerstone Shop can prove higher costs it has incurred
reasonably necessary, these will also be recoverable. span>
Article 10. Retention span>
10.1 The ownership of all
Cornerstone Shop to the customer sold and delivered goods remains with
Cornerstone Shop until the customer's claims in respect Cornerstone Shop
of the agreement or similar agreements not earlier or later
has satisfied until the customer undertaken or to be performed
from these or similar agreements have not yet met and as long as the
customer's claims Cornerstone Shop arising from a breach in the performance
of such obligations has not yet met, including
claims in respect of penalties, interest and costs, all as specified in
Article 3:92 BW.
10.2 The Cornerstone Shop by supplied goods falling under the retention
are allowed only in the context of normal business activities
and must never be used as currency.
10.3 The customer is not entitled under the title falling
to pledge or otherwise encumber.
10.4 The customer gives unconditional and irrevocable consent
Shop at Cornerstone Cornerstone Shop or a third party appointed to, in all
Cornerstone Shop where her property to exercise, all those
sites and locations where its property is then located and doing business
there with you.
10.5 If third parties seize goods delivered under retention
or rights to establish or exercise, the customer is obliged
Cornerstone Shop as soon as reasonably may be expected to
inform.
10.6 The customer undertakes the property to be delivered to
insure and keep insured against fire, explosion and water
and theft, and the policy of this insurance on first request for
to disclose to Cornerstone Shop. span>
Article 11. Intellectual Property Rights span>
11.1 Unless expressly agreed otherwise
agreed, based the entire copyright and all other rights
intellectual and industrial property with respect to the
Cornerstone Shop items or services, including trademark rights, design rights,
patent rights, sui generis database rights, etc., only when
Cornerstone Shop and / or its suppliers.
11.2 The parties undertake sufficient measures to
preserve confidentiality with respect to each data
confidential nature that in the performance of the contract knowledge
take. span>
Article 12. Applicable law span>
to all offers and agreements of
Cornerstone Shop is exclusively governed by Dutch law. The
applicability of the CISG is expressly excluded. span>
Article 13. Disputes
13.1 The customer may ask for and / or
complaints call Cornerstone Shop by calling 010 4271297, available from
Monday / Friday from 10:30 - 20:30. Complaints are usually treated within 30
days. If for any reason this is not possible, the buyer will be
informed of the delay.
13.2 The purchaser has the opportunity to submit the dispute to a
independent arbitration board. This may include the disputes committee
IDIS, or an equivalent dispute resolution committee, which will not affect
the right of the purchaser to submit the dispute to an competent court.