Conditions of use and sale
Article 1. Applicability
1.1 These General Terms and Conditions of Sale (hereafter: Conditions) are applicable to all offers, (sales) agreements and deliveries of Tent World Unlimited (hereafter: TWU), to the exclusion of any other general terms and conditions.
1.2 By accepting an offer, placing an order or entering into an agreement, you also accept the applicability of these Conditions.
1.3 A deviation from the provisions contained in these Conditions can only be made in writing and solely by TWU, in which case the other provisions will remain unimpaired.
1.4 All rights and claims as stipulated in these Conditions and if applicable in additional agreements for the benefit of TWU, are likewise stipulated for the benefit of intermediaries and other third parties used by TWU.
Article 2. Offers and agreements
2.1 All offers and quotations made by TWU are free of obligation and TWU retains the express right to change the prices, in particular when this is required on the basis of (statutory) regulations. See also article 3.4
2.2 An agreement shall only be deemed to be legally valid once TWU has confirmed the order. TWU is entitled to refuse orders or attach certain conditions to the delivery, unless explicitly stipulated otherwise. If an order is not accepted, this will be communicated by TWU within seven (7) working days of receiving the order.
Article 3. Prices and payments
3.1 The prices specified for the offered goods are in euros (€), exclusive of VAT and exclusive of packaging and shipment costs and any applicable taxes or other levies, unless specified otherwise or agreed in writing.
3.2 Payment can be made in (one of) the way(s) as specified during the ordering process. Additional conditions in respect of payment and/or the order can be specified for an order.
3.3 If you default on any payment, TWU is entitled to suspend or cancel the (execution of) the relevant agreement and any other associated agreements.
3.4 If the prices of the offered products and services increase during the period between the order and its execution, you are entitled to cancel the order or dissolve the agreement within ten (10) working days of being notified by TWU of the price increase.
Article 4. Delivery
4.1 TWU aims to deliver the ordered products with all convenient speed, no later than thirty (30) days from order date, unless otherwise stated by TWU. In the event of an untimely delivery, you will be notified within fourteen (14) days of placing your order. Up to the moment of delivery, you have the right to unilaterally dissolve the agreement without incurring any charges by notifying TWU accordingly in writing.
4.2 Delivery is deemed to have taken place when the product is received by you, or on your behalf.
4.3 In the event of a failed delivery, i.e. you were not at home when we attempted delivery, we reserve the right to charge transportation costs. Your ordered products are insured against damage and loss during transport.
4.4 Customers are obliged to notify TWU in a timely fashion of any change of address/move. If the customer fails to notify TWU in time of any change of address/move, all costs and risks associated therewith shall be borne by the customer. Until TWU receives notification of a change of address/move, TWU will assume that you have your residence/your registered office at the address that was last known to TWU, and you will remain responsible for any product(s) delivered to your old address.
4.5 Transportation costs are composed of five separate rates per ordered product. The exact cost depends on the size and weight of the biggest/heaviest article per order.
Please note: replacement or exchanged goods will be regarded as a new order.
Article 5. Retention of title
5.1 Ownership of the delivered products is transferred only after you have paid all amounts due to TWU, in accordance with any agreements. The risks related to the products pass to you at the moment of delivery.
Article 6. Complaints and Liability
6.1 On receipt of the products, you are obliged to carefully inspect the products. You must provide written reasoned notification to TWU of any damage or other deficiencies within five (5) working days of said defect being observed.
6.2 If it is established that the product does not comply with the agreement, TWU has the choice of replacing the returned products with new products or refunding the invoiced amount and shipping costs paid.
Article 7. Orders/communication
7.1 Unless there is demonstrable intent or gross negligence on the part of TWU, TWU is not liable for mistaken, corrupted, delayed or the improper transferral of orders or notifications as a consequence of the use of internet or any other form of communication between yourself and TWU, or between TWU and third parties, to the extent they are related to the relationship between yourself and TWU.
Article 8. Non-attributable failing (Force Majeure)
8.1 Force Majeure is understood to mean every shortcoming that cannot be attributed to TWU, because no blame for the shortcoming is attributable to TWU and pursuant to the law, legal act or generally accepted practice they are not responsible for the shortcoming.
Article 9. Miscellaneous
9.1 If you provide an address in writing to TWU, TWU is entitled to send all orders to this address unless you notify TWU in writing of a different address to which the orders must be sent.
9.2 If TWU should allow a short-term or long-term deviation from these Conditions, whether explicit or implied, this will not prejudice its right to demand immediate and strict compliance with these Conditions. You can never claim any rights on the basis of the fact that TWU has in exceptional cases been flexible in the application of these Conditions.
9.3 If one or more of the provisions in these Conditions, or any other agreement with TWU, should be in conflict with any applicable statutory regulations, the applicable provision will become ineffective and TWU will replace it by a new comparable provision that is acceptable in law.
9.4 TWU is entitled to use third parties to execute your order(s).
Article 10. Applicable law and competent jurisdiction
10.1 These Conditions and all rights, obligations, offers, orders and agreements to which these Conditions are applicable, are governed exclusively by Dutch law.
10.2 All disputes between the parties will be referred exclusively to the competent judge in the Netherlands.
Article 11. Typesetting errors
11 .1 Tent World Unlimited cannot be held liable for the consequences of misprints or typing errors, and/or programming or program errors on its website or in any other publications, mailings or e-mails.