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Terms and Conditions
REBEL Space BV acting under the name REBEL Space
de Trompet 14 A
1601 MK Enkhuizen
Registration number Chamber of Commerce for North-Holland: 370915530000
(AS 219-10) NR 37091553
Article 1: Scope, definitions
1. These conditions apply to all offers and all agreements of purchase and sale, that are established via the website (s) of www.rebelspace.eu REBEL Space BV acting under the name REBEL Space, established in Enkhuizen, hereafter named “user”.
2. The purchaser shall hereinafter be referred to as; “the other party”.
3. A number of provisions in these conditions will only see the situation where the party is a natural person not acting in the exercise of a profession or business. In these provisions, the party will be designated by the term; “the consumer”.
4. Under “Writing” is also understood in these terms: by letter, e-mail, fax or other means of communication for the purpose of the prior act depending on the technical developments and in society applicable concepts can be made.
5. Under “the website” In these terms mean: in paragraph 1 of this Article website (s) of the user.
6. It may not apply to a (part of) provision of these terms, does not affect the applicability of the remaining provisions.
7. These terms and conditions also apply to the agreement emerged orders or part orders.
8. If the user general terms have been handed out several times to the other party there is a steady trade relationship. The user does not need to handout the general conditions over and over again to make them available to them in following agreements to keep them valid.
Article 2: Conclusion of agreements
1. If the other party places or order via the website, the user is first bound to this order after he has confirmed in writing to the other party. This shall apply, unless otherwise indicated on the website.
2. Additions or changes to the terms and conditions or the contract will bind the user after they have been confirmed in writing to the other party.
Article 3: Offers, prices
1. All offers mentioned on the website of the user are subject to change, unless they have a deadline for acceptance. If an offer is a free offer and the other party accepts this offer, then the user has the right to the decline the offer within 2 working days after receipt of acceptance.
2. In offers, price lists, etc. on the website prices are exclusive of VAT and expenses such as transportation and shipping & handling. Per article clearly mentions the prevalent amount of VAT and of any charges.
3. A compound quotation shall not oblige the user to deliver part of the included in the offer against a corresponding part of the price.
4. Offers and prices do not apply automatically to repeat orders.
5. Models shown, statements of colors, sizes, weights and other descriptions on the website are as accurate as possible, but are indicative only. The other party cannot receive any rights from this.
6. a. If between the date of concluding the agreement and its implementation for the user (cost) price
increasing circumstances arise due to laws and regulations, currency fluctuations, price changes in the user third parties or suppliers or changes in the prices of the materials, commodities, etc., the user is entitled to increase the agreed price accordingly, and the other party in charge.
b. With price increases within 3 months after completion of the agreement, the consumer is authorized to end the contract through a written statement. If the consumer has not made use within 14 days after notification of the price change of its dissolution power to the user, the user may assume that the consumer has agreed with the price change.
Article 4: Buy remote viewing period
1. The provisions of this Article shall apply only to consumers at a distance sale within the meaning of Article 46a of Book 7 of the Civil Code.
2. If there is a distance sale, a trial period of 7 days is applicable. The approval period means that the consumer has the right to annul the agreement within 7 days after receipt of the case. The consumer is not required to give a reason for this decomposition.
3. Termination of the agreement is only possible by written notice thereof to the user.
4. In case of dissolution of the agreement, the order has to be shipped back to the user in the original packaging and for the risk and expense of the consumer.
5. In case of a termination of the agreement by the consumer, any payment made the user (excluding shipping costs incurred by the consumer) will be refunded by the user to the consumer within 30 days after termination of the order.
6. The user has the right to refuse returned items or only refund a portion of any payments already received, , if the goods are not in the original packaging and / or damaged.
7. The user shall notify the consumer immediately of receipt of the goods returned if any goods are refused or a partial refund of payments already received is the case.
Article 5: Engagement of third parties
If for the proper execution of the agreement it is required, the user has the right to have certain supplies performed by a third part. This is at the discretion of the user.
Article 6: Confidential Information
1. The user undertakes not to disclose any information it received in the context of the conclusion and implementation of the Agreement it has acquired from the other party and which he knows or reasonably should know that such information be kept confidential. The user will use this information to third parties only as necessary for the execution of the agreement.
2. The user shall take all reasonable precautions to protect the confidential information and keep it secret and warrants that its employees or other persons under his responsibility in the implementation of the agreement also involved in this will keep confidentiality.
3. The confidentiality does not apply if the user as a result of legislation and / or regulation or court order is required to disclose the confidential information and the user cannot rely on a legal or a privilege granted by a judge. This exception also applies to employees or other persons referred to in paragraph 2 of this article.
Article 7: Supply, delivery deadlines
1. Agreed delivery deadlines can never be regarded as mandatory. If the user's delivery obligations under the agreement are not met or not met on time, the other party should notice the user in writing, granting him a reasonable time for meeting its delivery obligation.
2. In consumer contracts, the ordered goods will be delivered within 30 days after ordering. If delivery is not possible within this period, the user will inform the consumer as soon as possible. The consumer then has the opportunity within 1 week after this announcement to request a refund from any pre-payments to the user. If the consumer makes use of this option, the user will refund the already paid amount by the consumer within 30 days after the consumer has requested to pay him back.
3. The user is entitled to deliver in installments and the user can separately invoice each partial delivery.
4. The risk on the goods supplied passes to the other party at the time of delivery. Under the time of delivery in these terms and conditions shall mean the time the goods to be delivered leave the building, warehouse or store of the user or when the user to the other party has indicated that these matters can be collected.
5. Notwithstanding paragraph 4 of this article, under the time of delivery with consumers means the actual time when the goods are available to the consumer.
6. Shipping or transportation of the ordered items is done on a user-defined way, but at the expense and risk of the counterparty. The user is not liable for any damages of any kind - whether or not to the business or goods itself - which is related to the shipping or transport.
7. Notwithstanding paragraph 6 of this article applying to consumers that dispatch or transport of the ordered goods are at the risk of the user, but shipping costs are for the consumers. The associated costs are listed on the website.
8. If, because of a fault that lies within the sphere of the other party it is not possible to deliver the ordered goods (in the agreed manner) to the other party, the user is entitled to store the goods to the business expense and risk of the counterparty. Unless the user explicitly stated in writing a different period, the other party has to able the user to deliver the goods within 1 month after notification of storage.
9. If the other party over in paragraph 8 of this Article fails to limit its obligation to take delivery, he is immediately in default. The user then has the right to dissolve the contract with immediate effect and without judicial intervention, by written declaration, wholly or partially and sell the goods to third parties. All this without consequences for the user's obligation to pay damages, costs and interest arises.
10. The preceding sentence makes the obligation of the other party to pay any (storage) costs, delay damages, lost profits or other damages.
11. The user is not obliged to deliver the goods, until after all necessary information and any agreed (in advance) payment of the other party are received. If this results in delays, delivery deadlines are extended in proportion to this delay.
Article 8: Complaints and returns
1. The other party is obliged to check the delivered goods immediately upon receipt for any visible defects, defects, damage and / or deviations in number to appear on the bill of lading or accompanying voucher. In the absence of a bill or accompanying voucher, the other party has to mention visible defects, defects etc. within 24 hours after receipt of the goods in writing to the user.
2. Other complaints should immediately after discovery - but within the agreed guarantee time – communicated in writing to the user. All the consequences of not reporting directly to the user are the risk of the counterparty. If no express warranty term is agreed upon, a period of 1 year after delivery is valid for the warranty term.
3. If a complaint is not communicated to the user within the periods specified in the preceding paragraphs, then the goods are received in good condition in agreement to the order. Then there is no appeal possible on a warranty.
4. Ordered goods are in the user-stock (wholesale) packaging. In industry-accepted small deviations in respect of sizes, weights, numbers, colors, etc., shall not constitute a failure on the part of the user. There is no appeal possible on the warranty if this is the case.
5. Complaints do not suspend the payment of the other party.
6. Paragraph 5 of this Article shall not apply to the consumer.
7. The other party must allow the user to investigate the complaint and in this context supply all the relevant complaint information to the user. If for the investigation into the complaint a return shipment is called for, this is then for the risk and expense of the other party, unless the complaint is subsequently found to be legitimate.
8. In all cases a return shipment is in a manner determined by the user and in the original packaging.
9. No complaints are possible regarding possible imperfections or properties of products made from natural materials, if these imperfections or characteristics are inherent in the nature of these materials.
10. No complaints are possible regarding possible discoloration and slight color differences.
11. No complaints are possible in respect of matters, which upon receipt by the other party have been changed of nature and / or composition have been altered or processed totally or partially.
Article 9: Guarantees
1. The User shall ensure that the agreed deliveries are properly and in accordance with the standards in his industry, but does not regard these supplies a further guarantee than as expressly agreed between the parties.
2. The user stands during the warranty period for the normal quality and reliability of the delivered.
3. If the goods supplied by the user have a warranty made by the manufacturer or, this guarantee will apply equally to both parties. The user will inform the other party.
4. The user does not and shall never be deemed to have guaranteed that the goods supplied are suitable for the purpose for which the party wishes to edit, process, or to use it, unless he expressly confirmed this in writing to the other party.
5. If the other party rightly invoked the warranty provisions, the user will arrange for free repair or replacement of the case or for refund or a reduction in the agreed price for the business. This is done at the discretion of the user. If there is collateral damage, then the provisions of the above terms and conditions contained in this Article liability apply.
Article 10: Liability
1. Outside the explicitly agreed guarantees or guarantees given by the user, the user accepts no liability whatsoever.
2. Notwithstanding paragraph 1 of this article, the user is only liable for direct damage. Any liability of the user for consequential damages such as business interruption, loss of profits and / or loss, delay and / or persons or injury, is expressly excluded.
3. The other party is obliged to take all the measures necessary to prevent or limit the damage.
4. If the user is liable for damages suffered by the other party, the indemnity obligation of the user at all times are limited to the amount paid by its insurer in the occurring event. If the insurer fails to pay the user or the damage is not covered by insurance taken by the user, the indemnity obligation of the user is limited to the amount invoiced for the delivered goods.
5. The other party should inform the user within 6 months after he became aware of or could have been known to damage suffered by him.
6. Notwithstanding paragraph 5 of this Article for consumers a period of 1 year applies.
7. The other party may not invoke the warranty, nor claim the user on other grounds liable if the damage occurred:
a. by improper use or use contrary to the destination of the goods supplied or provided by or on behalf of the user instructions, advice, manuals, leaflets, etc.;
b. by improper storage (storage) of the supplied goods;
c. because, by or on behalf of the party, repairs or other work or operations have been done to the goods, without the express prior consent of the user.
8. The other party is in the cases listed in paragraph 7 of this article fully liable for all resulting damages and shall indemnify the user explicitly for all claims for compensation for this damage.
9. In this article the limitations of liability do not apply if the damage is due to intentional and / or deliberate recklessness of the user or its management at board level or if mandatory statutory provisions are opposed. Only in these cases the user will indemnify the other party for any claims by third parties against the other party.
Article 11: Payment
1. The user is always entitled to demand (partial) pre-payment or any other security for payment of the counterparty desire.
2. Payment must be made in accordance with the manner indicated on the website. Payment by other means is permitted only if the parties expressly agreed in writing.
3. If it is agreed that payment will occur after the user has sent an invoice to the other party, payment must be made within a period of 30 days after the invoice date, unless the parties expressly agree otherwise in writing. Here, the correctness of an invoice is determined if the other party does not object within this period.
4. If an invoice has not been fully paid after the expiry of the period referred to in paragraph 3, the other party has to pay to the user a default interest at a rate of 2% per month, cumulatively calculated on the principal sum. Parts of a month are then calculated as a full month.
5. If, after due notice by the user payment still fails, the user is also entitled to charge the other party extrajudicial collection costs.
6. In paragraph 5 extra judicial collection costs for claims with a maximum principal of € 25.000,00 come to:
a. 15% of the amount of the principal sum on the first € 2.500,00 of the claim (with a minimum of € 40,00);
b. 10% of the amount of the principal sum on the following € 2.500,00 of the claim;
c. 5% of the amount of the principal sum on the following € 5.000,00 of the claim;
d. 1% of the amount of the principal sum on the following € 15.000,00 of the claim.
7. If the principal cost exceeds € 2.5000,00, the user is entitled to charge the other party on the first € 25.000,00 extrajudicial collection costs in accordance with paragraph 6 of this Article and to charge the other party for the rest of the amount extrajudicial collection costs equal to 10% of that number.
8. For the calculation of the extrajudicial collection costs the user is entitled after 1 year of the principal amount of the claim to increase the sum with the cumulative accrued default interest during the year under paragraph 4 of this article.
9. In the absence of full payment by the counterparty, the user is entitled to hold the contract without further notice or judicial intervention, by a written statement of its obligations under the agreement on hold until the payment is successfully done, or the other party provides a proper security is. User also has said right of suspension if the other party is in default of payment and the user has reasonable grounds to doubt the creditworthiness of the counterparty.
10. Payments done by the counterparty will at first be deducted from all interest and costs, then the invoices, which are the oldest, unless the other party payment expressly states that the payment relates to a later invoice.
11. a. The other party is not entitled to offset claims by the user with any counterclaims that he has on
the user. This also applies if the other party has (provisional) suspension of payment or is in a state of bankruptcy.
b. The provisions under subparagraph a. of this paragraph shall not apply to contracts with consumers.
Article 12: Retention
1. The user retains ownership of all delivered goods and all goods that still have to be delivered under the contract until the time when the other party has paid all of its obligations to the user.
2. The commitments in paragraph 1 above include paying the price of the goods delivered and the goods to be delivered, plus claims for attributable failure of the counterparty to fulfill its obligations, including the payment of compensation, extrajudicial collection costs, interest and any fines.
3. If it concerns the supply of identical, not individualized affairs, always the affairs belonging to the oldest invoices are deemed to have been sold first. The retention of ownership is therefore always being provided on all matters that are still in stock, shop and / or contents of the other party at the time of invoking the retention.
4. Affairs on which retention has been placed may be used by the other party in the ordinary course of business and be sold, provided that in regard to its customers also retention of the goods delivered is stipulated.
5. As long as the delivered goods are retained by the other party, it is not authorized to pledge or bring them in actual physical control of a financier.
6. The other party is obliged to inform the user immediately in writing if third parties claim ownership or other rights to the items on which a retention of title rests.
7. The other party is obliged to save things carefully and as identifiable as the property of the user on which retention of title rests until such time as he fulfilled and complied with all his obligations towards the user.
8. The other party shall arrange for a company insurance or home insurance that the goods delivered under retention of title are at all times insured and on the user's first request the other party has to provide access to the insurance policy and the associated evidence of payment of the policy.
9. If the other party violates the provisions of this Article or the user invokes the reservation of title, the irrevocable right comes to the user and his employees to access the site of the other party to take back the delivered goods. Without prejudice the right of the user is to terminate the agreement without further notice, by written declaration, and for compensation of damages, lost profits and interest.
Article 13: Bankruptcy, incompetence, etc.
1. Notwithstanding the other provisions of these terms and conditions the user is authorized to terminate the agreement without further notice and without judicial intervention, by written declaration to the other party at the time when the other party:
a. is declared in a state of bankruptcy or an application for bankruptcy is made;
b. applied for (provisional) moratorium of payments;
c. has been enforced by legal seizure;
d. is placed under receivership or under administration;
e. looses the power or capacity otherwise with respect to his assets or parts of them.
2. The article in paragraph 1 shall apply, unless the trustee or administrator recognizes the obligations from the contract as estate debt.
3. The party is always obliged to notify the trustee or administrator of the (contents of) agreement and these terms and conditions.
Article 14: Force Majeure
1. If there is Force Majeure beyond the control of the party or the user, the user is authorized to terminate the agreement without judicial intervention, by written declaration to the other party, to rescind or suspend fulfillment of his obligations to the other party for a reasonable period without any compensation being due.
2. Force majeure on the part of the user under these terms and conditions is: a non-attributable shortcoming of the user, of the third parties engaged by him or suppliers or other compelling reasons on the part of the user.
3. Under circumstances of force majeure shall be understood: war, riots, mobilization, domestic and foreign unrest, government action, strikes within the organization of the user and / or the other party or the threat of these conditions, disruption at the time of entering into the agreement of existing exchange rates, disturbance by fire, theft, sabotage, natural phenomena, etc., weather, blockades of transport and delivery problems as well as Internet malfunctions or power failures that can cause the website to be not or not fully available.
4. If the force majeure situation arises when the contract has already been partially executed, the other party is obliged to keep its obligations to the user up to that time.
Article 15: Cancellation, suspension
1. The provisions of this article shall not apply to dissolution within the trial period as provided in article 4 of these general conditions.
2. If the other party wishes to cancel the agreement prior to or during the implementation, he has to pay to the user compensation damages that are determined by the user. These damages include all costs already incurred by the user and its cancellation by the damage including loss of profits. The user is entitled to fix the compensation - at his discretion and subject to already supplied goods – and charge up to 20 to 100% of the agreed price to the other party.
3. The other party is liable to third parties for the consequences of the cancellation and will indemnify the user for claims resulting from these third parties.
4. The user is entitled to retain all payments already made by the other party and to deduct the compensation from these payments already made by the other party.
5. In suspending the execution of the agreement at the request of the party, the compensation for all costs already incurred at that time are due immediately and the user is entitled to charge the other party. The user is also entitled to charge all costs incurred during such suspension as well as for the hours that were already reserved before the period of suspension.
6. If the execution of the agreement after the agreed suspension period can not be resumed, the user is entitled to dissolve the agreement without judicial intervention, by written declaration to the other party. If the execution of the agreement is restarted after the agreed suspension period, the other party I however obliged to compensate any costs arising from this resumption of the user.
Article 16: Applicable law / jurisdiction
1. In between the user and the other party agreements are only subject to Dutch law.
2. Any disputes will be settled by the competent court in the place where the user is located, except that the user always retains the authority to submit the dispute to the competent court in the place where the counterparty is established.
3. The consumer is always entitled to choose to settle the dispute by the competent court, provided he makes this choice timely known to the user. With timely we mean: within one month after the user has notified to the consumer that he wants to submit the dispute to the court of his residence.
4. If the other party is located outside the Netherlands, the user is entitled to act in accordance with paragraph 2 of this article or - his choice – to submit the disputes to the competent court in the country or state where the counterparty is established.
Date: February 23, 2012