General conditions
1. Applicability
1.1 These General Conditions of Sale (hereinafter: the Conditions) apply to all offers, orders and contracts of difraxshop.com to the exclusion of any other general terms and conditions. These Conditions can also be consulted. In these general conditions, Difrax B.V. will be referred to as "Difrax".
1.2 The acceptance of an offer or placing of an order is construed as meaning that you accept the applicability of these Conditions.
1.3 Variations from these Conditions are only possible if made in writing, in which case the other stipulations remain in full force.
1.4 All rights and entitlements in favour of Difrax, as stipulated in these Conditions and in any further contracts, are likewise stipulated in favour of intermediaries engaged by Difrax.
2. Offers/contracts
2.1 All offers of difraxshop.com are subject to contract and Difrax expressly reserves the right to change the prices, especially when that is necessary pursuant to statutory or other regulations. See also article 3.6.
2.2 A contract is only concluded after your order is accepted by difraxshop.com. Difrax is entitled to reject orders with good reason or to attach special conditions to the delivery, unless explicitly stipulated otherwise. If an order is not accepted, Difrax shall inform you of this within ten (10) working days of receipt of the order.
3. Prices and payments
3.1 The prices quoted for the products and services offered for sale will be quoted in euros, inclusive of VAT and exclusive of handling charges, postage and any taxes or other levies, unless stated otherwise or otherwise agreed in writing.
3.2 Payment can be made in any of the manners specified during the ordering process. If payment is made by credit card or via iDEAL, the order will dealt with immediately after payment.
4. Delivery
4.1 Difrax will endeavour to supply the goods within 3 working days of the order, unless specified otherwise by Difrax. If the delivery is not on time, you will receive a message within 20 days of placing the order and you will have the right to cancel the contract free of charge up to the time of delivery by notifying Difrax in writing. Failure to meet the deadline for delivery will not entitle you to any compensation.
4.2 Transfer is effected at the time that you (or someone on your behalf) take receipt of the product.
5. Retention of title
5.1 Ownership of delivered products is transferred when you take receipt of the product.
6. Intellectual and industrial property rights
6.1 All intellectual and industrial property rights which are vested in the products supplied by Difrax shall be accepted by you in full and unconditionally.
6.2 Difrax does not guarantee that the products supplied to you will not infringe any intellectual and/or industrial property rights of third parties (including unwritten rights).
7. Complaints and liability
7.1 You have an obligation to inspect the supplied products immediately after delivery. You should report any defects found to Difrax in writing within seven (7) days of discovery stating the reason for your complaint.
7.2 If it is established that the products do not conform to the contract, then, on return of the products concerned, Difrax may choose to replace them with new products or to refund the purchase price plus the postage you paid to send back the products.
7.3 If you do not wish to purchase a product for any other reason, you have the right to return the product to Difrax and cancel the contract within seven (7) working days of delivery. Returned goods will only be accepted in this case if the product packaging is undamaged. The payment received by Difrax will be returned to you within (30) days of the cancellation at the latest. The direct cost of returning the goods will be for your account.
8. Orders/communication
8.1 Difrax is not liable for misunderstandings, data corruptions, delays or the failure of orders and messages to come through properly as a result of use of the Internet or any other means of communication in the communications between you and Difrax, or between Difrax and third parties in so far as they concern the relationship between you and Difrax, unless and in so far as an intentional act or gross negligence on the part of Difrax may be involved.
9. Force majeure
9.1 Without prejudicing any other rights belonging to Difrax, in the event of force majeure Difrax has the right at its own discretion to postpone the fulfilment of your order, or to cancel the contract without judicial intervention, by informing you of this in writing, without Difrax being held liable for any compensation, unless, in the given circumstances, this would be unacceptable by standards of reasonableness and fairness.
9.2 Force majeure is understood to mean any shortcoming which cannot be ascribed to Difrax, because it is not Difrax's fault and because Difrax is not accountable for it by law, legal act or according to generally accepted standards.
10. Miscellaneous
10.1 If you advise Difrax in writing of an address, Difrax is entitled to send all orders to that address, unless you advise Difrax in writing of another address to which the orders should be sent.
10.2 If Difrax permits variations from these Conditions, whether or not these are tacit variations, and whether for a short or longer period of time, this does not affect its right nevertheless to demand immediate and strict compliance with these Conditions. You can never have any right enforced on the grounds of the fact that Difrax has applied these Conditions flexibly in the past.
10.3 If one or more of the stipulations of these Conditions or of any other contract with Difrax should be in conflict with any applicable legal regulation, the stipulation in question will cease to apply and it will be replaced by a new, similar, legally permissible stipulation to be determined by Difrax.
10.4 Difrax is entitled to make use of third parties to fulfil your order(s).
11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and contracts to which these Conditions apply, and also these Conditions themselves, are exclusively governed by Dutch law.
11.2 Disputes between parties will only be submitted to the competent court for these matters in the Netherlands.
12. Geschillencommissie Thuiswinkel (Home Shopping Disputes Committee)
12.1 Difrax is a member of the Nederlandse Thuiswinkel Organisatie (Dutch Home Shopping Organisation). Without prejudicing the applicability of article 11.2, consumers may submit disputes about the creation or fulfilment of contracts or the services or products supplied to the Home Shopping Disputes Committee subject to the Home Shopping Disputes Committee Rules.
12.2 The Home Shopping Disputes Committee will only take up a dispute if the complaint was brought to the attention of Difrax in writing within thirty (30) days of it arising.
12.3 A dispute should be submitted in writing to the Home Shopping Disputes Committee no later than three (3) months after it was submitted to Difrax.
12.4 The person who submits a complaint to the Home Shopping Disputes Committee will be obliged to pay a complaint-filing fee. The address of the Home Shopping Complaints Committee is: PO Box 90600, 2509 LP The Hague. The telephone number is: 0031 (0)70 3105310. For more detailed information, visit thuiswinkelwaarborg.nl.
