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Terms & Conditions
Terms and conditions of Bigstreamers, established in Heemskerk version is valid from 01-01-2014
1. General
1.1 these general terms and conditions apply to all offers of bigstreamers and on each between [company name] which has been concluded and consumer.
The conditions are accessible for everyone and included on the internet site of bigstreamers. On request we will send you a written copy.
1.2 by placing an order you agree to agree with the terms of delivery and payment. Bigstreamers reserves the right for her delivery and/or payment terms to change after the expiry of the term.
1.3 unless otherwise agreed in writing, the General or specific conditions or terms not recognized by third-party bigstreamers.
1.4 bigstreamers guarantees that the delivered product corresponds to the agreement and meets the specifications stated in the offer.
2. delivery
2.1 delivery takes place while supplies last.
2.2 under the rules of the sale on distance will run at least bigstreamers orders within 30 days, unless a different delivery time has been agreed. If
delivery within 30 days or otherwise agreed delivery time possible (because the ordered is out of stock or no longer available), or there is delay, or an
order for other reasons can not or only partially be carried out, then the consumer within 1 month after placement of the order message and in this
case the right to cancel the order without costs and notice of default.
2.3 to the delivery obligation by bigstreamers are met, will proof to the contrary, once the goods delivered to the buyer once by bigstreamers are offered. In the report of the carrier-delivered, alleging the refusal of acceptance, to full proof of the offer to delivery.
2.4 All time-limits on the internet site are indicative. To the listed terms can therefore not legally binding.
3. Prices
3.1 prices are not raised within the duration of the offer, unless legal measures make this necessary or if the manufacturer post interim price
increases.
3.2 all prices on the site are subject to printing errors. For the consequences of printing errors no liability is accepted.
3.3 Due of the new E-Commerce rules in the European Union, we are obliged to pay the tax amount to the country of delivery.
That means that prices can change up and down in the checkout when you fill in destination of delivery. (standard is 21% NL) This is a new EU VAT 2022 rule we have to stick to.
4. trial period/right of withdrawal
4.1 if there is a consumer purchase, in accordance with the distance selling Law (article 7: 5 BW), the buyer has the right (a part of) the delivered goods within a period of 14
working days to return without giving any reason. This period begins when the ordered items are delivered. The purchaser is obliged, before moving on to return
, within the period of 14 working days after receiving written notice at Bigstreamers. If the customer within the trial period of 14 days of receipt has
not reported to make use of the legal right of return, then the buy a fact.During this period the consumer shall handle with the product and its
packaging. He will only unpack or use the product to the extent necessary to the nature, characteristics and operation of the product to be assessed. If he
exercises his right of withdrawal, he shall within 28 days after receiving the product return to the operator, in accordance with the reasonable and clear
instructions provided by the entrepreneur. The customer must prove that the goods delivered are returned in a timely manner, for example by means of a proof
of mail delivery. Return of the business should be in the original packaging (including accessories and associated documentation) and in new condition. If the goods are used in
purchaser, loaded or in any way get corrupted Bigstreamers reserves the right to charge depreciation. Subject to what is provided in the preceding sentence, wears good bigstreamers within 14 days of receipt of the return or 14 days
after proof of return (it should be on the shipping to return the contents of the evidence explicitly listed), make for repayment. At return of the entire
purchase the full purchase amount including any calculated shipping and/or pay costs cost is refunded to the customer. At return of only part of the
received purchases, only the purchase price of the returned business refunded. Additional costs as a result of a more expensive shipping method
than the cheapest standard delivery are never refundable.Returning the goods supplied can be entirely for the account and risk of the buyer.
4.2 the right of withdrawal does not apply to: ( services agreements, after full implementation of the service, and only if the implementation has begun with the consumer's prior express consent and the
consumer has stated that he loses his right of withdrawal once the entrepreneur has the agreement fully carried out;( goods or services the price of which is dependent on fluctuations in the
financial market, on which the supplier has no influence and located within the withdrawal period may occur.( goods made to the consumer's specifications are manufactured, for
example customization, or clearly personal nature ( products whose shelf life within the cooling-off period of 14 days has expired (decay). ( sealed products that are not suitable for health or hygienic reasons to be
returned and were unsealed after delivery (or audio/video software sealed carriers whose seal is broken ( for goods or services that cannot be returned due to their nature, for
example in connection with hygiene or that rapidly decay or become obsolete( the delivery of individual newspapers and magazines
5. data management
5.1 if you place an order at Bigstreamers, then your data will be included in the customer base of Bigstreamers.Bigstreamers adheres to the Act and will not provide your data to third parties. Please see our Privacy Policy.
5.2 Bigstreamers respects the privacy of the users of the internet site and assume a confidential treatment of your personal information.
5.3 Bigstreamers makes use of a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6. warranty and compliance
6.1 the trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing
legal provisions and/or Government regulations.
6.2 a manufacturer or importer by the entrepreneur, as a guarantee arrangement offered does not detract from the rights and claims that the
consumer a failing in the fulfilment of the obligations of the entrepreneur able to assert against the entrepreneur on the basis of the law and/or the distance contract.
6.3 if it appears that the delivered thing wrong, defective or incomplete, the customer (before moving on to return to Bigstreamers) these defects within 2 months after discovery of the defect in writing to Bigstreamers. Return of the
business should be in the original packaging (including accessories and associated documentation). Putting into service after finding of fault, damage arising after determination of the absence, encumbrance and/or resale after
finding of absence, doing this right to complain and return entirely expired.
6.4 If the customer complaints are found substantiatedby Bigstreamers, will Bigstreamers the delivered goods repair or replace free of charge, at the
choice of the consumer. Bigstreamers any liability in case of damage is limited to the invoice amount of the concerning business, or (depending on the
choice of Bigstreamers) to the maximum in the case in question covered by the liability insurance of Bigstreamers amount. Any liability of Bigstreamers for
any other form of damage is excluded, including additional damages in whatever form, compensation for indirect damage or consequential loss or damage due to loss of profits.
6.5 bigstreamers is not liable for damages caused by intent or gross negligence on the part of non-equivalent management staff.
6.6 this warranty shall not apply where: A the customer towards) and as long as bigstreamers is in default; B the customer the delivered goods) himself has
parried and/or modified or repaired by third parties/or edit. C) the delivered goods are exposed to unusual circumstances or otherwise be treated carelessly or contrary to the instructions of bigstreamers and/or instructions on the package are handled;
7. special offers
7.1 offers are non-binding, unless otherwise stated in the offer.
7.2 upon acceptance of a non-binding offer by buyer, Bigstreamers reserves the right for the offer within the period of 3 working days after receipt of that acceptance or them to depart.
7.3 verbal promises Bigstreamers connect only after these have been confirmed expressly and in writing.
7.4 offers of Bigstreamers also do not automatically apply to repeat orders.
7.5 Bigstreamers can't be held to its offer if the customer should understand that the listing, or any part thereof, contained an obvious mistake or error.
7.6 additions, modifications and/or further agreements are effective only if agreed in writing.
8. agreement
8.1 an agreement between bigstreamers and a customer is established after an order by command Bigstreamers on feasibility is assessed.
8.2 Bigstreamers reserves the right, without giving any reason not to accept orders or commands or to accept only under the condition that the shipment is effected by cash on delivery or after prepayment.
9. images and specifications
9.1 all images; photos, drawings, etc.; among other things, data on weights, dimensions, colors, pictures of labels, etc. on the internet site of Bigstreamers apply only approximately, are indicative and cannot give rise to compensation or dissolution of the agreement.
10. force majeure
10.1 Bigstreamers is not liable, if and in so far as its obligations cannot be met as a result of force majeure.
10.2 force majeure means each strange cause, as well as each circumstance, which cannot reasonably for her risk belongs to come. Delay or default by our suppliers, failures in the
Internet, disruptions in the electricity, disruptions in mail traffic and disturbances or changes in technology supplied by third parties, transportation difficulties, strikes, Government measures, delays in the supply, omissions of
suppliers and/or manufacturers of bigstreamers and help people, illness of personnel, or flaws in transport apply explicitly as force majeure.
10.3 in case of force majeure Bigstreamers reserves the right to suspend its obligations and is also entitled to terminate the contract in whole or in part, or to claim that the content of the agreement is amended that execution remains
possible. In no event shall bigstreamers held any fine or compensation
10.4 if at the time of the commencement of force majeure bigstreamers part of its obligations has met, or is only partially meet its obligations they already delivered or the deliverable part shall be entitled to invoice separately and the
customer is obliged to pay this invoice as if it were a separate contract. This shall not apply, however, if the part already delivered or deliverable has no independent value.
11. liability
11.1 Bigstreamers is not liable for damage caused to vehicles or other objects resulting from wrong use of the products. Read before using the directions on the package and/or consult our website.
12. retention of title
12.1 ownership of all goods supplied and sold by Bigstreamers to the customer stays with Bigstreamers as long as the claims of the purchaser under the agreement Bigstreamers or earlier or later similar agreements failed
to provide, as long as the customer performed or still to be carried out from this or similar agreements as long as the buyer has not yet met and the claims of bigstreamers because of falling short in the performance of such a contract
has not yet met, including claims in respect of fines, interest and costs, as referred to in article 3 a: 92 BW.
12.2 the goods delivered under retention of title by bigstreamers may fall only in the framework of normal business activities and never be used as a method of payment.
12.3 the customer is not entitled to pledge the goods falling under the retention of title nor in any way.
12.4 the customer gives already now unconditional and irrevocable permission to set Bigstreamers or Bigstreamers to third Bigstreamers, in all
cases in which wishes to exercise its property rights, to enter all those places where its property then will and which activities to carry.
12.5 if third parties seize goods delivered subject to retention of title or wish to establish or assert rights thereto, is bigstreamers the customer as soon as reasonably may be expected to notify.
12.6 the customer undertakes the goods delivered subject to retention of title to insure and keep insured against fire, explosion and water damage as well as against theft and make this insurance policy available for inspection on first demand to Bigstreamers.
13. applicable law/competent court
13.1 all agreements is the Dutch law is applicable.
13.2 disputes, arising from an agreement between Bigstreamers and copper, which can be solved by mutual agreement, the competent judge in the arrondissement Haarlem bigstreamers knowledge, unless you would prefer
the difference to the competent judge of the place of residence of the buyer, and with the exception of those disputes which belong to the competence of the Court of first instance.