TERMS & CONDITIONS
A. General Terms and Conditions of Sale
1.1 In these Terms: “Buyer” means any person who accepts the Seller’s quotation for the sale of the Goods or whose order for the Goods is accepted by the Seller; “Contract” means the contract for the sale and purchase of the Goods; “Goods” means the goods (including any installment of the goods or any parts for them) which the Seller is to supply in accordance with the Terms; “Supplier” means Zwart Goud
“Terms” means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Buyer and the Seller; “Writing” (and any similar expression) includes fax transmission, electronic mail and comparable means of communication.
1.2 These Terms shall govern the Contract to the exclusion of any other terms subject to which any quotation is accepted or purported to be accepted, or any order is made or purported to be made, by the Buyer.
No variation to these Terms shall be binding unless agreed in Writing by the Seller’s authorized representative.
1.3 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorized representative.
1.4 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
The Buyer shall be responsible for ensuring that the Goods are appropriate for their intended use and compatible with any other products with which they are to be used save where advice is given by the Seller to the Buyer as to the use and compatibility of the Goods.
1.5 The Buyer may cancel any order within two working days beginning on the day after the client receives the Goods by giving Notice to the Seller via e-mail. In the event of cancellation by the Buyer, the Goods shall be returned to the Seller, and the Buyer shall be responsible for the cost of returning the Goods (or as the case may be the cost to the Seller of recovering the Goods). If Goods are to be returned to the Seller as a result of any defect in the quality or condition of the Goods then Zwart Goud will refund the product by sending an equal priced product price. Upon submission of an order form, Zwart Goud shall send to the buyer, via e-mail, a confirmation of the purchase order, containing a summary of the information related to the order form (a specified invoice with the products main characteristics, a detailed indication of the price, terms of payment, return policy and shipping costs).
2.1 The price of the Goods shall be the Seller’s quoted price. The Seller reserves the right to increase prices due to factors outside the control of the Seller. Note shipping rates a.o.
2.2 The Buyer shall be liable to pay the Seller’s charges for transport and packaging, all included in the total amount shown on the final invoice.
2.3 The price is inclusive of any applicable value added or other tax, which the Buyer shall be additionally liable to pay to the Seller.
2.4 Payment is due to be made to the Seller at the time the order is placed. Zwart Goud have the right to cancel any orders which have not been paid after a period of 5 business days.
2.5 Receipts for payment will be issued only on request. Zwart Goud will send a confirmation e-mail saying
3.1 The Buyer authorizes the Supplier to make searches against the Buyer to verify the identity of the Buyer. This includes (without limitation) (i) the use of the Address Verification Service by the Supplier whereby the Supplier can check the numerical part of the Buyer’s address and postcode with the card issuing bank and (ii) checks of the Electoral Register. Information which is provided to the Supplier about the Buyer and those with whom the Buyer is linked financially may be used by the organization and other companies if credit decisions are made about the Buyer, or other members of his/her household. This information may also be used for debt tracing and the prevention of money laundering as well as the management of the Buyer’s account.
3.2 The Seller reserves the right to request a scanned copy of the front of the original bankcard used by the Buyer together with a scanned copy of a passport or driving license which gives details of the Buyer’s address prior to accepting any order.
3.3 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused provided that the Buyer shall be entitled to cancel any order which is not delivered within 45 days. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing.
3.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without limiting any other right or remedy available to the Seller, the Seller may charge the Buyer for all reasonable costs and loss of profit under the Contract.
3.5 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery.
3.6 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cleared funds payment in full of the price of the Goods.
4.1 Subject to the following provisions in the case of Goods manufactured outside the EC, the Seller warrants that the Goods will correspond with their specification and will be free from defects in material and workmanship at the time of delivery; and in the case of goods manufactured within the EC will also have the benefit of the manufacturer's warranty.
4.2 The above warranty is given by the Seller subject to the following conditions:
4.3 the Seller shall be under no liability in respect of any defect in the Goods arising as a result of any specification supplied by the Buyer;
4.4 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, negligence, abnormal working conditions, failure to follow the Seller’s or manufacturer's instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller’s approval; and 4.5 Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 4.6 Where the Goods are sold to a consumer the statutory rights of the Buyer are not affected by these Terms.
5.1 A claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within two days from the date of delivery (by the Buyer giving Notice to the Seller via e-mail to shop@zwartgoud.org ).
5.3 Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Terms, the Seller may replace the Goods (of the damaged part in question) in which case the Seller shall have no further liability to the Buyer.
5.4 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control provided that where the price of the Goods has been paid by the Buyer to the Seller, the Buyer shall be entitled to a full replacement of the product or any other similar priced product on the www.zwartgoud.org site.
6.1 If the Buyer makes a voluntary arrangement with its creditors or becomes bankrupt without limiting any other right or remedy available to the Seller, the Seller may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
6.2 A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
6.3 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.4 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected. 10.45 The Contract shall be governed by the laws of The Netherlands, and the Buyer agrees to submit to the non-exclusive jurisdiction of the Dutch courts.
PRIVACY POLICY
1.1 Zwart Goud will not sell or pass on any customer details such as names, addresses or email addresses to any third parties * with the exception of the -General Terms and Conditions of Sale- part#3.1
1.2 Everyone has the right to protection of his/her personal data. Zwart Goud respects its users' right to be informed regarding the collection of and other operations involving their personal data. In using data, that may directly or indirectly identify you personally, you will apply the principle of strict necessity. For this reason, we have designed www.zwartgoud.org in such a way that the use of your personal data will be kept to a minimum and will not exceed the purposes for which your personal data was collected and/or processed; we do not process your personal data when we can provide you with services through the use of anonymous data (such as marketing research made for improving our services) or by other means which allow Zwart Goud to identify you a part from when it is strictly necessary or upon request of the competent public authorities or the police (as, for example, in case of traffic data or your IP address). Zwart Goud determines the purposes and means for the processing your personal data, including security measures, as Zwart Goud controls www.zwartgoud.org users' personal data. This Privacy Policy provides you with all information needed to understand how we collect data which may identify tempo-world.com's users. For further information on our Privacy Policy, please contact us at our e-mail address shop@zwartgoud.org l
1.3 Who Processes Your Personal Data Zwart Goud controls the use of www.zwartgoud.org users' personal data; Zwart Goud autonomously determines the purposes and means of use, including security measures, for the protection of personal data. For organizational and operational purposes only, we have appointed certain entities that will also process personal data belonging to www.zwartgoud.org, such purposes which are strictly connected to the performance of services on Zwart Goud, including the sale of products. The above mentioned processors have been carefully selected by Zwart Goud because of their experience in processing personal data and they provide sufficient guarantees in respect of compliance with data processing law (including the technical security measures governing the processing to be carried out). In processing the personal data of zwartgoud.org ’s users, the processors shall act only on instructions from Zwart Gouds. We regularly ensure that our processors comply with our instructions and that they provide sufficient guarantees on their full compliance with the provisions on personal data processing.