Terms and conditions “Biyomap-webshop / Biyomap.com“
GENERAL TERMS AND CONDITIONS “Biyomap-webshop / Biyomap.com”.
Biyomap BV, selling among others through www.biyomap.com / www.biyomap-webshop.nl (Biyomap-webshop), located at Molenlaan 15 unit b, in Uithoorn, filed with the Chamber of Commerce under number: 34342446.
Article 1 Definitions
- These General Terms and Conditions apply to all agreements and other legal relationships between the Supplier and the Customer.
Article 2 General
- These conditions apply to every offer, order and agreement between Biyomap Webshop and the buyer.
- By accepting an offer or placing an order, the customer accepts the applicability of these terms and conditions.
- Any deviations from these general terms and conditions shall only be valid if they have been expressly agreed in writing.
Article 3 Offers and agreement
- All offers are without obligation and Biyomap Webshop expressly reserves the right to change prices, in particular when this is necessary on the basis of (statutory) regulations. See also Article 5.5.
- Biyomap Webshop cannot be held to its offers if the client should have understood, in terms of reasonableness and fairness and according to generally accepted standards, that the offer or part of the offer contains an obvious mistake or slip of the pen.
- A composite quotation does not oblige Biyomap Webshop to deliver part of the items included in the offer or quotation for a corresponding part of the stated price. Offers do not automatically apply to repeat orders.
- The agreement comes into effect after acceptance of the order by Biyomap- Webshop. If Biyomap Webshop does not accept the order, this will be made known to the client within 10 working days of receipt of the order. If an order is not paid for within 14 days (in the case of prepayment), the offer expires. The prices listed on the Internet page are in Euros and include VAT, unless otherwise indicated.
Article 4 Images and specifications
- The images, drawings, colors of products and accessories offered may differ from reality. This can not give rise to damages and / or dissolution of the agreement.
Article 5 Payments and Delivery
- Delivery costs are charged for delivery of orders, the delivery costs depend on the volume and/or weight of the order and the shipping address. Biyomap Webshop reserves the right to invoice the delivery costs separately upon delivery.
- If Biyomap Webshop requires data from the customer for the execution of the agreement, the delivery period will begin after the customer has made these available to Biyomap Webshop.
- The delivery period is indicative. A stated delivery time is therefore never a deadline. However, the final delivery time shall never exceed the specified delivery time by more than 10 days unless there is a case of force majeure. If a term is exceeded, the customer must give Biyomap Webshop written notice of default.
- Payment can be made in one of the ways specified during the ordering process. Delivery shall take place after receipt of payment. If payment is made by bank or giro, the date of payment shall be the date on which the giro or bank account of Biyomap Webshop is credited.
- If the prices for the products offered increase in the period between the order and its execution, you are entitled to cancel the order or dissolve the agreement within ten days of notification of the price increase by Biyomap Webshop.
Article 6 Retention of title
- Biyomap Webshop retains full ownership of the delivered goods until the purchase price has been paid in full.
Article 7 Guarantee 1.
- Biyomap Webshop provides the customer with a digital invoice which serves as written proof of warranty. This allows the customer to have visible defects replaced or repaired free of charge within the guarantee period, provided that the defects are not the result of signs of use or wear and tear. In the event of replacement, the client undertakes to return the replaced product to Biyomap Webshop and to transfer ownership of it to Biyomap Webshop.
- The said guarantee does not apply if the defect has arisen as a result of inexpert or improper use or if the customer or third parties have made changes or attempted to make changes to the product without the written consent of Biyomap Webshop or have used the product for purposes for which it is not intended.
- After expiry of the guarantee period, Biyomap Webshop is entitled to charge all costs for repair or replacement, including administration, dispatch and travel costs
- If the delivered good does not conform to what was agreed and this non-conformity is a defect within the meaning of the product liability regulations, Biyomap Webshop is not liable for any resulting consequential damage.
- For further information on warranty regulations, please click on “Warranty” on our service page.
Article 8 Claims and liability
- The customer must examine whether the delivered products meet the agreement. If this is not the case, the buyer must inform Biyomap-webshop in writing within 5 working days after delivery.
- If it has been demonstrated that the products do not comply with the agreement, Biyomap Webshop has the choice of replacing the products in question with new products upon return or refunding the invoice value.
- In the above case, the client has the right to return the product to Biyomap Webshop within 30 working days of delivery. Returns will only be accepted after written notification and if the packaging is undamaged. The costs of return shipment shall also be borne by the customer.
- The buyer is entitled to a cooling off period of 7 working days after delivery of the product. Within this period, the customer may return the delivered product without giving reasons, in which case the postage costs for the return shipment shall be borne by the customer. In such a case, Biyomap Webshop will be obliged to refund the purchase amount to the account of the customer within 30 days of receipt. The cooling off period does not apply to products that have been specially made (to order) or assembled.
Article 9 Transfer of risk
- The risk of loss of or damage to the products that are the subject of the agreement will pass to the buyer at the moment they are legally and/or actually delivered to the buyer and thus come under the control of the buyer or a third party designated by the buyer.
Article 10 Suspension and dissolution
- Biyomap Webshop is entitled to suspend the fulfilment of its obligations or to dissolve the agreement if circumstances arise that are of such a nature that fulfilment of the agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness or if other circumstances arise of such a nature that the unaltered continuation of the agreement can no longer be reasonably expected.
- If the agreement is dissolved, the claims of Biyomap Webshop against the client shall become immediately due and payable. If Biyomap Webshop suspends fulfillment of its obligations, it shall retain its claims under the law and the agreement.
- Biyomap Webshop retains the right to claim compensation at all times.
Article 11 Indemnities
- The client indemnifies Biyomap Webshop against third-party claims regarding intellectual property rights to materials or data provided by the client and used in the performance of the agreement.
- If the client provides Biyomap Webshop with information carriers, electronic files or software etc., the client guarantees that the information carriers, electronic files or software are free of viruses and defects.
Article 12 Intellectual property and copyrights
- Without prejudice to the other provisions of these general terms and conditions, Biyomap Webshop reserves the rights and powers to which Biyomap Webshop is entitled under the Copyright Act.
- Biyomap Webshop reserves the right to use any knowledge gained from the execution of the work for other purposes, to the extent that no confidential information is disclosed to third parties.
Article 13 Force majeure
- Without prejudice to its other rights, Biyomap Webshop has the right to invoke force majeure if the circumstance preventing (further) fulfilment arises after Biyomap Webshop should have fulfilled its obligation.
- The parties may suspend the obligations under the agreement during the period of force majeure. If this period lasts longer than two months, either party shall be entitled to dissolve the agreement without any obligation to compensate the other party for damages.
Article 14 Disputes
- All rights, obligations, offers, orders and agreements to which these terms and conditions apply, as well as these terms and conditions, are exclusively governed by Dutch law. The Vienna Sales Convention is expressly excluded.
- All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands, unless the cantonal court is competent.