General terms and conditions
Conditions of Use General Terms and Conditions from Play Trend Cyes concerning www.Shop.CYes.nl
1. Scope of validity concerning Shop.CYes.nl
The following General Terms and Conditions of Business (the "Terms and Conditions") shall apply to all business relationships between ourselves and the customer. The version of these Terms and Conditions in force at the time of conclusion of contract shall apply.
The term "consumers" as used in these Terms and Conditions shall mean natural persons with whom we enter into business relations and who are thereby not deemed to be acting in a commercial or professional capacity.
The term "business persons" as used in these Terms and Conditions shall mean natural persons or legal entities or partnerships possessing legal personality with whom we enter into business relations and who are thereby acting in a commercial or professional capacity.
The term "customers" as used in these Terms and Conditions shall mean both consumers and business persons.
Any other general terms and conditions which deviate from, contradict or supplement these Terms and Conditions shall, even if they are brought to our knowledge, not become part of any contract or agreement unless expressly accepted and agreed to by us in writing.
2. Conclusion of Contracts concerning Shop.CYes.nl
Our offers are without obligation and are subject to technical and other changes provided such changes are within the bounds of reason.
By placing an order, the customer makes a binding offer to conclude a contract. The customer will receive an acknowledgement of receipt of the offer from us without delay, though this acknowledgement shall not constitute a binding acceptance of the order. The acknowledgement of receipt of the offer may be combined with or accompanied by an acceptance of the order.
We shall have the right to accept the offer of a contract embodied by the order within a period of five working days. We shall also have the right to refuse the order or to limit the ordered quantity to the customary household quantity.
A contract shall be subject to the condition subsequent of correct and due supply by the customer of any goods required to be supplied by the customer. In the event of non-availability or only partial availability of the ordered goods or services, the customer will be informed accordingly without delay. Any counter-performance already received by us will be returned.
3. Reservation of Title concerning Shop.CYes.nl
In the case of sales to consumers, we reserve title to the dispatched goods until payment of the purchase price in full.
In the case of sales to business persons, we reserve title to the dispatched goods until payment in full of all our claims arising from an ongoing business relationship.
The customer shall have a duty to treat the goods with all due care until payment of the purchase price in full.
The customer shall have a duty to inform us without delay of any seizure of the goods by a third party, e.g. by way of levy of execution, or of any damage to or destruction of the goods during the period of our reservation of title. The customer shall likewise inform us without delay of any change in ownership in the goods or of any change in his own address.
We shall have the right in the event of any breach of contract by the customer and in particular in the event of any delay in payment or any breach of a duty pursuant to paragraphs 3 and 4 of this Clause 3 to rescind the contract and to demand return of the goods.
A customer who is a business person shall have the right to resell the goods in the ordinary course of his business. He hereby already assigns to us in the amount of our invoice amount all claims which accrue to him against third parties from resale of the goods, and we hereby accept such assignment. The business person is authorised to collect the claims notwithstanding the aforesaid assignment. However, we reserve the right to collect the claims ourselves as soon as the business person should fail to fulfil his payment obligations in the proper manner and falls into arrears with payment.
4. Right of Revoke and Return of the Goods concerning Shop.CYes.nl
A consumer has the right to revoke his declaration of will concerning the conclusion of a contract within a period of two weeks from receipt of the goods. The revocation need not contain any statement of reasons and can be made to us either in text form or by returning the goods to us; revocation shall be deemed to have been made in a timely manner if the goods are dispatched within the aforesaid period.
Such right of revocation shall not exist in cases where the goods are supplied in the form of transmission of a data file via electronic channels.
Nor shall a right of revocation exist in the case of the supply of software if the data carrier bearing the software has been unsealed by the consumer.
5. Right of revocation concerning Shop.CYes.nl
On exercise of the right of revocation, the consumer shall have a duty to return the goods if the goods can be sent as a parcel. On exercise of the right of revocation, the costs for returning the goods shall be borne by the consumer ( Only in Germany if the order value of the goods was EUR 40.00 or less ), except in cases where the delivered goods were not the goods as ordered.
Parcels sent to us without postage will not be accepted by us. Postage costs for return delivery will be refunded within 7 days (Only in Germany within 14 days). This also applies if the right of revocation is exercised by return of the goods. (contact us first about the procedures)
The consumer shall have a duty to refund the loss in value for any deterioration to the goods caused by taking them into use in the proper manner. The consumer has the right to inspect the goods provided he does so with all due care. Any loss in value caused by use of the goods beyond a mere inspection thereof the goods and resulting in the goods no longer being able to be sold "as new" shall be borne by the consumer.
6. Prices concerning Shop.CYes.nl
The offered price is not binding (f.e. when by mistake this is wrong). The price includes value added tax at the statutory rate.
The customer may effect payment of the price by means of cash on delivery ( only the Netherlands), advance payment, or pick up with payment at our place. We reserve the right to exclude a particular form of payment.
The customer has the right to make offset only if his counterclaims have been finally and absolutely established at law or have been recognised by us.
The customer may exercise a right to withhold payment only if his counterclaim is based on one and the same contractual relationship.
7. Passing of Risk concerning Shop.CYes.nl
In the case of sales to consumers, the risk of accidental loss or accidental deterioration of the sold goods shall, also in the case of mail order sale, pass to the consumer on handover of the goods.
In the case of sales to business persons, the risk of accidental loss or accidental deterioration of the goods shall pass to the business person on handover of the goods or, in the case of mail order sale, on delivery of the goods into the custody of the freight forwarder, carrier or other person or organisation appointed to effect delivery.
The goods shall be deemed to have been handed over if the customer is in delay with acceptance thereof.
8. Warranty concerning Shop.CYes.nl
Consumers shall have the right of choice whether remedy should be effected by repair or replacement. We shall have the right to reject the chosen form of remedy if it would only be possible with unreasonably high costs and the other form of remedy would not give rise to any material disadvantages for the consumer.
In the case of sales to business persons, we will provide warranty for defects of the goods initially by repair or replacement, whichever we prefer.
Should remedy fail, the customer may, at his option, demand a reduction in price, cancellation of the contract or compensation in lieu of performance. Should the customer opt for compensation in lieu of performance, the limitations of liability as set forth in Clause 8 of these Terms and Conditions shall apply. In the case of only minor defects, the customer shall have no right of cancellation.
Customers who are business persons must inform us in writing of any evident defects within a period of one week from receipt of the goods, otherwise all claims to warranty rights shall be barred. Such notice of defects shall be deemed to have been made in good time if dispatched within the aforesaid period. The onus of proof for all claims and especially for the defect itself, the time of discovery of the defect and the timeliness of notice of defect, shall rest with the business person.
The warranty period for consumers shall be two years from handover of the goods. The warranty period for business persons shall be one year from handover of the goods. In the case of used items the warranty period shall be one year from handover of the goods. The one-year warranty period shall not apply in the case of gross negligence on our part or in the case of physical injury, damage to health or loss of life of the customer which can be attributed to us. The foregoing shall be without prejudice to our liability under the Product Liability Act.
9. Limitation of Liability concerning Shop.CYes.nl
In the case of only minor breaches of duties our liability shall be limited to the foreseeable, direct and normal loss or damage typical for the type of contract concerned. The same shall also apply to minor breaches of duties on the part of our vicarious agents.
Towards business persons, we shall have no liability for any minor breach of insignificant ancillary duties.
The foregoing limitations of liability shall not apply to claims of customers arising on grounds of product liability. Nor shall the limitations of liability apply in the case of physical injury, damage to health or loss of life of the customer which can be attributed to us.
Where we provide access to other websites through the provision of links, we shall have no responsibility for the third-party content contained in such other websites and we do not necessarily associate ourselves with such content as we do with our own. Should we learn of any illegal content on such external websites, we shall block access thereto from our website.
The customer shall indemnify us for all detriment incurred by us through third parties as a result of harmful actions by the customer, whether committed with intent or through negligence.
10. Data Protection concerning Shop.CYes.nl
The customer expressly consents to the collection, processing and use of personal data within the framework of the ordinary course of our business for purposes of processing orders. He shall have the right to revoke such consent at any time with effect for the future.
11. Final Provisions concerning Shop.CYes.nl
The law of the Federal Republic of Germany shall apply. In the case of consumers who are not concluding a contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection thereby granted is not overruled by mandatory provisions of the laws of the country in which the consumer has his habitual abode. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
Where the customer is a registered trader, a legal entity under public law or a special asset fund under public law, the sole legal venue for all disputes arising from or in connection with this contract shall be the courts of law having jurisdiction for our place of business. The same shall also apply if the customer has no place of general jurisdiction in Germany or if his address or habitual place of abode is not known at the time of legal action being brought.
Should any of the provisions of the contract with the customer including these General Terms and Conditions of Business be or become wholly or partially invalid, the other provisions shall nevertheless remain in full force and effect. The wholly or partially invalid provision shall be replaced by a provision which is valid and the economic effect of which most nearly corresponds to that intended by the invalid provision.