Terms and Conditions
Terms and Conditions
General (sales) conditions Marchingshop.com
Article 1. Relevance
1.1 All offers, orders and agreements of Marchingshop.com to the exclusion of any other terms and conditions of these Terms and Conditions (hereafter: Conditions). These Conditions are filed with the Chamber of Commerce in Rotterdam and by us on request free of charge. These conditions can be consulted via the Internet, see: http://www.Marchingshop.com
1.2 The acceptance of an offer or placing an order implies that the applicability of these Terms.
1.3 The provisions in these conditions can only be done in writing, in which case the remaining provisions shall remain in force.
1.4 These Conditions are also written for the employees of Marchingshop.com and its management.
1.5 If one or more provisions of these Terms at any time wholly or partially invalid or void, then the remainder of these Conditions remain fully applicable. Marchingshop.com will consult with you to develop new rules to replace the invalid provisions to agree, as much as possible the purpose and intent of the original provisions are observed.
1.6 If uncertainty exists regarding the interpretation of one or more provisions of these Conditions, the explanation must be found "in the spirit of these provisions.
1.7 If is a conflict between parties that do not occur in these Conditions, then this situation should be assessed in the spirit of these Terms.
1.8 If Marchingshop.com not always strict observance of these conditions requires, does not mean that its provisions do not apply, or that Marchingshop.com in any degree would lose the right in other cases the strict observance of the provisions of this terms and conditions.
1.9 In case of contradiction between the texts of the catalog, advertisements or other general advertising Marchingshop.com and these Terms, the latter shall prevail.
1.10 Marchingshop.com focuses exclusively on the Dutch, Belgian and German markets.
1.11 Marchingshop.com reserves the right to change the Terms and / or supplement.
1.12 Marchingshop.com is authorized to use a third party in the performance of your agreement
1.13 All rights and claims, as in these conditions and any further agreements for Marchingshop.com be stipulated, are also stipulated for by Marchingshop.com intermediaries and other third parties.
Article 2. Offers / agreements
2.1 All offers are without obligation and Marchingshop.com Marchingshop.com expressly reserves the right to change prices, especially when under (legal) regulations. See also Article 3.20.
2.2 An agreement is only after acceptance of your order by Marchingshop.com. Marchingshop.com is motivated entitled to refuse orders or special conditions to the delivery, unless otherwise specified. If an order is not accepted, Marchingshop.com this within ten (10) days after receipt of order.
2.3 Marchingshop.com can not have offers to be taken if you can reasonably understand that the offers, or any part thereof, an obvious mistake or error.
2.4 Offers are valid while stocks last.
2.5 All offers are carefully done. Marchingshop.com is not responsible for: variations in color, pictures, numbers, specifications and / or other indications. Slight deviations in principle can not give rise to damages and or termination of the Agreement
And Marchingshop.com 2.6 You expressly agree that use of electronic communication constitute a valid agreement is concluded. In particular the absence of a signature does not affect the binding force of the offer and its acceptance. The electronic files of Marchingshop.com apply here, as the law allows, as a presumption of evidence.
Article 3. Prices and Payments
3.1 The prices for the products and services are in euros, excluding VAT and excluding shipping and handling fees, taxes or other charges unless otherwise stated or agreed in writing. The amount of these costs or charges can be found on the Internet or will be disclosed before you place an order.
3.2 Prices on the website of Marchingshop.com are the current prices. The prices of these mailings may vary due to price changes after printing the mailings have been made. Decisive are the prices on the website of Marchingshop.com.
3.3 Payment may be one of the following payment methods:
3.4 The payment methods may in future be expanded or restricted. The current payment methods can be published on the website.
3.5 If payment by bank or giro, the date of payment is the date of crediting the giro or bank account Marchingshop.com.
3.6 COD shipments are not possible.
3.7 In certain payment methods are further conditions relating to the delivery method and the associated costs. This can be found on the Internet or will be disclosed before you place an order.
3.8 The order will be processed after the amount has been successfully collected.
3.9 In case you for buying an invoice with a payment is promised, you are obliged to comply within the time limit on a bank account designated by Marchingshop.com.
3.10 In the event a payment within the prescribed period is fulfilled then is that you are in default. Under the breach of a commitment also includes the reversal of a payment already made. If you are in default, all claims, for whatever reason of Marchingshop.com to you immediately payable.
Marchingshop.com 3.11 If, after the expiry of the payment, due to the reverse of the collection, exhorts you to pay, you are also a maximum amount of € 23, - for administration costs.
3.12 In the case of 3.10 the situation arises you will, without further notice, delay damages until all amounts due have been paid. The delay damages the legal interest per month, plus 2% on the outstanding amount, calculated from the time of the omission with a minimum amount of € 15.00 (excl VAT). It is already in a month for a full month.
3.13 If you are in default, you are obliged to any (extra) judicial expenses. These extrajudicial costs are at least 15% of the unpaid amount with a minimum of € 75.00 (excl VAT)
3.14 Any payment made by you starting with the last payment of any interest and costs. The payment of outstanding invoices will be paid based on seniority, notwithstanding any contrary statements from you.
3.15 In case of failure to fulfill a commitment has Marchingshop.com entitled the Agreement with immediate effect or (further) to suspend delivery until such time as all obligations are fully met.
Section 3.16 Payments are only authorized if you here of Marchingshop.com written permission to do so.
3.17 All amounts charged to you without discount or deduction should be made. You are not authorized to set off. You will not be entitled to any payment obligation Marchingshop.com to suspend.
3.18 Marchingshop.com If, after you are in default, payment reminders or other requests for payment you are targeting, then this does not affect the provisions of 3.8, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15, 3.16, 3.17.
3.19 If the prices for the products and services increased in the period between the order and its execution, you are entitled to cancel the order or terminate the agreement within ten (10) days after notice of the increase by Marchingshop.com .
Article 4. Delivery
Marchingshop.com 4.1 The delivery times given are indicative only and are not a deadline. Further information on delivery times also remains indicative.
4.2 Exceeding a delivery period does not entitle you to any damages or rescission of the Agreement. If the episode more than thirty (30) days from the time of the pre-agreed delivery date, it takes, then the Agreement by written notice to Marchingshop.com, be dissolved without any right to compensation. This provision applies only to the extent the delay is not due to force majeure as defined in Article 10.
4.3 If Marchingshop.com for the implementation of the Agreement, information or resources that you need to be provided, the delivery period will not commence earlier than the date that all required information or resources in the possession of Marchingshop.com.
4.4 Delivery can take several partial deliveries take place. This will not charge you for incur costs beyond what at the conclusion of the Agreement is specified.
4.5 Delivery takes place when the products (or on behalf of) you at the conclusion of the Agreement address is received.
4.6 If there is no one present at the first delivery, the order free of charge for a second time offered. After this we will charge you the extra shipping costs.
4.7 When you attempt to delivery the (sub) episode does not accept then Marchingshop.com entitled to costs, this includes the cost of return and (transport) damages arising out of this non-acceptance to you to recover.
Article 5. Retention
5.1 The ownership of products is transferred only when all you under any agreement to Marchingshop.com owe have met. The risk in respect of the products at the time of delivery to you. It shall also include payment of interest and costs, including previous orders executed.
5.2 You may be the products, before the property is transferred, not encumber, sell, resell, transfer or otherwise encumber.
Article 6. Intellectual and industrial property
6.1 You must respect all intellectual and industrial property rights vested in the Marchingshop.com products delivered unconditionally.
6.2 The copyright and any other proprietary equipment, software or documentation remain the property of Marchingshop.com or its suppliers. You get at most one license.
Article 7. Complaints and liability
7.1 You have the obligation of the products immediately after delivery (have inspected). Complaints relating to product defects or delivery, which are visibly, should you within 7 days after delivery (or within 7 days after the invoice date if the products do not you (could) be delivered) to Marching Shop. com written and reasoned notice to be charged. After the expiry of this period, you considered it to have approved.
7.2 Complaints about invoices must also by you within 7 days after delivery (or within 7 days after the invoice date if the products to you (could) be delivered) to Marchingshop.com written and reasoned notice to be charged. After the expiry of this period you will be deemed to have approved the invoice.
7.3 Other than the handling of a complaint you any rights.
7.4 If you do not cooperate or other investigation (no longer) possible, the complaint will not be processed and you have no claims in this regard.
7.5 Return of the delivery can occur only after prior written approval of Marchingshop.com. One condition is that the purchase of the products is done within 7 days for the return request. You, not being consumer Buyer, are not entitled to the products, which no complaints were substantiated, to return. Should this occur without valid reasons, then all costs associated with the return, charged you. Marchingshop.com is then free the products cost and risk from you to third parties save.
7.6 You, being copper consumer, may within seven (7) days after delivery of the product without penalty and without giving reasons to exercise your right of withdrawal. From this right of withdrawal does not include software or other similar products whose seal (seal) is broken or software product for which a binding registration is performed. Only when the product and packaging in original, complete, undamaged and unused condition, may, after consultation with Marchingshop.com be claimed on the right of withdrawal. All enclosed documentation, warranties and packaging materials should be attached to the return.
7.7 In the event of termination, you being consumer Buyer must receive the product within 7 days after the dissolution Marchingshop.com be returned in the condition that the product has received. The cost of returning the product will be charged to you.
7.8 If you, being consumer Buyer, the right of withdrawal as mentioned in the previous paragraph has used, it shall within 30 days Marchingshop.com ensure repayment of the Marchingshop.com you paid through a bank or giro transfer.
7.9 Marchingshop.com is not liable for any damage, theft or loss, including who return to the packaging or product is created.
7.10 The exchange of products that are clearly of a personal nature (for example, products that come in contact with skin and hair), it is not possible.
7.11 The exchange of products exclusively at the request of you Marchingshop.com be ordered for you or condescended to, or have been made to the specifications of the customer is not possible.
7.12 If the product does not conform to the requirements is returned, the invoice amount is not refundable. The product remains your property and you retain your property within two weeks to collect. Upon request, the product can also be delivered at your expense.
Article 8 guarantees
8.1 The warranty with respect to the Marchingshop.com limited to the products supplied by the manufacturer of the article granted warranty
8.2 Warranty shall only apply to the destination with the corresponding use of the products delivered.
8.3 Marchingshop.com is never obliged to pay any compensation to you or others on her side unless there is intent or gross negligence. Marchingshop.com accepts no liability for consequential or damage, indirect damage and lost profits or turnover.
Marchingshop.com 8.4 If for any reason whatsoever is bound to compensate any damage then that compensation will never exceed an amount equal to the invoice value to the product or service which the damage was caused.
Article 9. Orders / communication
9.1 For misunderstanding, delays or improper transmission of orders and messages resulting from the use of Internet or other communication between you and Marchingshop.com or between Marchingshop.com and third parties, as they relate to the relationship between you and Marchingshop.com, Marchingshop.com is not liable, except to the extent that there might be intentional or gross negligence of Marchingshop.com.
9.2 The administration of Marchingshop.com count as conclusive evidence of the existence, content and implementation of the agreement with you in any legal proceedings, until the contrary is proved by the party who relies on the fact that the evidence is not reliable .
Article 10. Force Majeure
10.1 Without prejudice to its other rights, has Marchingshop.com in case of force majeure the right, at its option, the execution of your order to suspend or terminate the contract without judicial intervention, by informing you in writing sharing and without Marchingshop.com liable for any damages, unless under the circumstances to standards of reasonableness and fairness.
10.2 Force majeure is defined as any failure can be attributed to Marchingshop.com because he is not due to his fault and not under the law, legal act or generally accepted for its account.
Article 11. Miscellaneous
11.1 If you Marchingshop.com writing of an address, Marchingshop.com entitled to that address to send all orders unless you Marchingshop.com writing of another address to which orders should be sent.
11.2 If your order is not on the website of Marchingshop.com place but through a different ordering we are compelled to contribute in order to calculate cost of € 2.75 (excl. VAT)
Article 12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, including these conditions, only Dutch law.
12.2 The applicability of the Vienna Sales Convention is expressly excluded.
12.3 All disputes shall be resolved by agreement wherever possible. If this is not possible to be, the Dutch court has jurisdiction and the court in the district where Marchingshop.com jurisdiction is established, unless the law expressly another judge as competent.
Chamber of Commerce registration 24429238
Account number: 5195049
Account name: MarchingShop