General Terms & ConditionsGENERAL TERMS & CONDITIONS VIBRINGE B.V. The Company Vibringe B.V. is a Dutch company with its registered office at Veembroederhof 96, 1019 HC, Amsterdam, The Netherlands. Terms Used 'The buyer' or 'customer' refers to any legal entity purchasing from Vibringe B.V. General These terms and conditions (together with the acceptance) constitute the entire agreement between Vibringe B.V. and the buyer of goods from Vibringe B.V. It is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular: ? Any condition contained in the buyer's order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by Vibringe B.V. ? Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by Vibringe B.V. ? Where the buyer and Vibringe B.V. agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of Vibringe B.V. Formation of Contract The seller's website and advertising only constitute an invitation to purchase. Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions. Vibringe B.V.?s acceptance occurs (and the contract is formed) when the payment has been received and the goods are dispatched to the buyer. Cancellation of Order Since order processing is largely automated and commences on submission of an order, cancellation of an order may not be possible unless notification of cancellation is made soon after the order is submitted. Please contact Vibringe B.V. as soon as possible. Vibringe B.V. cannot effect a cancellation once goods have been processed for dispatch. Payment conditions Upfront-payment is the standard payment condition. Goods will be delivered after payment has been received by Vibringe B.V. Delivery Vibringe B.V. reserves the right to dispatch the buyer's order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments providing the goods have not been shipped. A link to check the order status of the customer's order is provided with the email order confirmation. Tracking numbers are provided where an order has been dispatched. Shortages, Damages or Loss in Transit Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for Vibringe B.V. to investigate the claim. Goods leaving a Vibringe dispatch center are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner: ? Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received. ? Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly. ? Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition. ? No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by Vibringe B.V. details of any claim should be advised to the seller. Return of Goods for Credit or Refund Goods supplied in accordance with the buyer's order can only be returned with the express approval of Vibringe B.V. Requests to return goods must be submitted to Vibringe B.V. by post or email within 7 days from the date of supply, or within the stated 'right of return' period for that given product, and the original invoice number must be quoted. Where goods are accepted (for credit or refund at Vibringe B.V.'s discretion) a return confirmation will be supplied to the customer. The goods must be delivered in original condition and packaging, at the buyer's expense, to an address supplied by Vibringe B.V., with a copy of the return confirmation. To request a return please go to www.vibringe.com and click on warranty Vibringe B.V.?s Liability and Maintenance Guarantee The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required and Vibringe B.V. is under no liability if they are not. In lieu of any warranty, condition, or liability by law, the seller's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 12 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. Vibringe B.V. shall not be liable for consequential, indirect or special damages or loss of profits under any circumstances. At the termination of the appropriate period (ie guarantee period or 12 months as indicated above) all liability on Vibringe B.V.'s part ceases. The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment. Vibringe B.V.'s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that Vibringe B.V. has no liability to any client of the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller. Property and Risk Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by Vibringe B.V. or by the source to the buyer or his agent or to a carrier for delivery to the buyer. Ownership of all goods sold by Vibringe B.V. ("the goods") is retained by Vibringe B.V. until full payment is received for all amounts owing in respect of all goods supplied. This provision is designed to protect Vibringe B.V. in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment. Until full payment is made the buyer agrees to: ? Enable the goods to be readily identifiable as the property of Vibringe B.V. ? Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by Vibringe B.V. ? On a sale or other realization of the goods the buyer shall identify and separately account for the proceeds of sale. ? Prior to the buyer acquiring property in any goods Vibringe B.V. may at any time directly or by its agents or servants enter upon any land, premises or property where it believes such goods may be to inspect and/or remove the goods, by force if reasonably necessary. If the goods are removed then: ? The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and, ? The buyer will reimburse, indemnify and hold harmless Vibringe B.V., its employees and agents in respect of any costs (including legal costs on a solicitor-client basis), expenses, loss or damage (including such to any third parties) in respect of the exercise or attempted exercise of the Vibringe B.V.'s remedies and, ? Vibringe B.V. may cancel any or all contracts with the buyer and Vibringe B.V. will not be liable to the buyer therefore, and, ? All moneys owing by the buyer to Vibringe B.V. on any account whatsoever shall become immediately due and payable, and, ? The value of such goods seized shall be assessed as the lesser of current market value or the invoice value at the time of sale. Any excess after satisfying all of the buyer's payment obligations (including under the indemnity) will be paid to the buyer. Errors or Ommissions Vibringe B.V. is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to Vibringe B.V.'s administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. Vibringe B.V. will notify they buyer promptly of any error or omission discovered by Vibringe B.V., and give the buyer the option of returning the goods for a full refund or making good on the error. Description of Products Modifications and improvements to Vibringe products are constantly being made. If the goods do not match the description on the Vibringe website, the buyer should inform Vibringe B.V. immediately so that Vibringe B.V. may take appropriate action. Force Majeure Vibringe B.V. shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond Vibringe B.V.'s control. Compliance The buyer shall be solely responsible for obtaining any necessary permits or licenses under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods within the buyers country. Legal Governance All parties agree that any purchase of goods from this website is governed by the laws of The Netherlands. Any dispute will be resolved under the laws of The Netherlands and any action to resolve such disputes will be solely taken in The Netherlands. |
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