These terms and conditions shall apply to the establishment, content and fulfilment of all contracts concluded through fred-kaps.com or separately between Sumtip BV (hereinafter referred to as “Seller”) and Buyer. Seller is a company registered with the Chamber of Commerce under number 80029078 with offices at Kernreactorstraat 24A, 3903 LG Veenendaal, the Netherlands, tel. +31-318-727828, e-mail firstname.lastname@example.org.
The prices stated for the products offered are in euros, including VAT and excluding shipping or handling costs and any other taxes or levies, unless otherwise stated or agrees in writing.
Prices are subject to change without prior notice. Delivery times are indicative and not binding.
Buyer is obliged to examine the products upon delivery to determine whether they comply with the agreement. If the products are nonconforming it must be reported to the Seller within eight (8) days from receipt of the products; failure to submit the claim shall result in the forfeiture of the right to appeal. If it has been demonstrated that the products delivered do not comply with the agreement, Seller has the choice of replacing the products concerned with new products upon their return or refunding the invoice value thereof.
Only a buyer who is considered a consumer and resides within the EU or the United Kingdom is entitled to revoke the agreement with the Seller without stating any reasons by means of a written statement within 14 days of receiving the purchased products. Buyer must return the products to Seller at Buyer’s expense no later than 14 days from the day of revocation, or risk forfeiture of rights. Buyer shall in the meantime handle the products and packaging with care. Buyer shall return the products including all accessories in their original condition and packaging, if reasonably possible. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Buyer.
Unless otherwise agreed in writing, Buyer shall pay the price and other amounts due under the agreement within 15 days of delivery, without the right to invoke any discount, set-off or suspension. If the period of 15 days is exceeded, the Buyer will be in default by operation of law. Seller has the right to charge an interest of 1% per month on its claim after 15 days. The products delivered by the Seller will remain its property until all claims of the Seller have been paid in full.
Buyer fully and unconditionally respects the intellectual property rights vested in the products delivered by Seller. Seller does not guarantee that the products delivered to Buyer do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
The agreement between Seller and Buyer is governed by the laws of the Netherlands. Any dispute which may arise out of the agreement and/or terms and conditions, shall be submitted exclusively to the competent court in the Netherlands. The application of the Vienna Sales Convention is excluded.