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| Conditions of Sale |
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1.
These Conditions of Sale shall govern all quotations given by and agreements entered by 12 BUY DVD to supply goods to the Purchaser. Each such agreement or quotation shall be referred to herein as “Agreement”. To place an order on 12 BUY DVD’s site includes the acceptance of the following terms and conditions. Any additional or different terms (including, without limitation, Purchaser’s general terms and conditions) are hereby expressly rejected and shall not apply.
2.
Unless a period is specified, all quotations by 12 BUY DVD are revocable and, unless expressly withdrawn, open for acceptance within the period stated therein, or in case no period is stated within 14 days from the date of quotation. Any order(s) arising from said quotation shall be subject to 12 BUY DVD’s confirmation in writing.
3.
Illustrations, Images, catalogues, etc. made available by 12 BUY DVD are provided “AS IS” and are only meant to present a general idea of the goods to which they refer and approximate only and shall not be binding.
4.
Delivery times shall be deemed estimates only. 12 BUY DVD shall be entitled to partial deliveries. The risk of goods during shipping shall be for the account of the Purchaser. Purchaser thereto shall note apparent damage to goods or shortages in an e-mail (sales@12buydvd.com) immediately upon receipt of goods or within 24 hours after receipt. Any other complaints of erroneous dispatch or damage shall be made by e-mail (sales@12buydvd.com) within 7 days after receipt of goods by Purchaser specifying the complaint and the date and number of 12 BUY DVD’s invoice. If return of goods is agreed upon by 12 BUY DVD by e-mail by means of a return authorization notice, such goods shall be forwarded in accordance with 12 BUY DVD’s instructions; all goods returned must be consigned insurance and carriage prepaid by Purchaser and packed in their original packing.
In the event that goods cannot be dispatched to their destination at the scheduled date for reasons attributable to Purchaser or outside the control of 12 BUY DVD, 12 BUY DVD shall be entitled to store the goods concerned at Purchaser's expense and risk. If Purchaser does not to pay within fourteen days after ordering, the order automatically expires.
5.
If the performance of any action or any obligations is prevented, restricted or impaired by reason of fire, strikes or labour disputes, inability to procure raw materials, power or supplies, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency, or any other event beyond the control of the party concerned, the party so affected, upon giving prompt notice in writing to the other party, shall be excused from such performance to the extent of any such prevention, restriction or interference; provided that the party so affected shall use its best efforts to avoid or remove such causes of non-performance and whenever such causes are removed, shall give prompt notice in writing thereof and shall continue performance hereunder diligently in accordance with the provision hereof. In the event of such force majeure, 12 BUY DVD shall be entitled to suspend delivery of the goods for the duration of the prevention or delay caused by such force majeure, and shall not be liable for any direct or indirect damage resulting therefrom to Purchaser or any third party. In the event of partial performance by 12 BUY DVD, Purchaser shall pay the proportional part of the total price.
6.
Prices quoted by 12 BUY DVD are inclusive of Value Added Tax or any other levies or similar expenses due in connection with the Agreement. 12 BUY DVD reserves the right to adjust the prices in the event of changes of delivery date(s). In addition, the prices may be varied before or after acceptance of 12 BUY DVD’s quotation. 12 BUY DVD shall notify Purchaser of such price alterations. In the event of any such price increase, Purchaser shall be entitled to cancel the (remaining part of) order(s) under the Agreement by means of an e-mail (sales@12buydvd.com) notice, provided such notice has been received by 12 BUY DVD timely in advance of the dispatch of the goods or within seven days from the date of 12 BUY DVD’s notification of such price increase, whichever is the earliest. If, as a result of any government measure, taxes, levies or import duties are introduced of changed with the effect of increasing costs, 12 BUY DVD shall have the right to reflect said changes in its prices, without Purchaser being entitled to cancel its orders.
7.
Payment shall be made without any deduction or compensation no later than thirty days from invoice date. If payment has not been received in time, Purchaser shall be in default (“in verzuim”) without any further notice being required. 12 BUY DVD will be entitled from such moment, without prejudice to its other rights, to cancel the order.
8.
Purchaser explicitly acknowledges and agrees that 12 BUY DVD shall not send the goods to Purchaser under this Agreement until full payment has been received of all amounts due in accordance with the Agreement or these Conditions of Sale. Credit card payments, Teletik payments will be collect immediately after placing the order by 12 BUY DVD, even if the goods are not in stock. By Cash on Delivery the full amount must be payed at delivery, even if delivery contains a partly delivery.
9.
The goods supplied under the Agreement are carefully inspected and, where practicable, submitted to standard test at the factories before dispatch.
10
12 BUY DVD represents that the goods made and supplied by 12 BUY DVD are manufactured of sound material and with good workmanship. If nevertheless any goods made and supplied by 12 BUY DVD show defects due to faulty materials or manufacture, 12 BUY DVD shall, at its own costs, repair or, at its sole discretion, have repaired such defects, or make available the parts required for such repair or replace the defective goods in their entirety. Purchaser shall have the obligation to notify 12 BUY DVD in writing, specifying such defect upon detection with a maximum of fourteen days after detection and upon request of 12 BUY DVD return the defective goods to a location indicated by 12 BUY DVD. Such defective parts shall become 12 BUY DVD’ property as soon as they have been replaced.
This provision does not cover damage sustained by normal wear and tear or any damage arising in consequence of negligence or improper handling, installation, cabling, design work or improper use of the goods or parts thereof by Purchaser or Purchaser's affiliates or agents, or of maintenance by unauthorized persons or dealers, or of improper storage in the event of the goods wholly or partly being stored by the Purchaser previous to installation or use. The guarantee set forth herein shall be valid for a period of one week from the moment of delivery of the goods.
11.
12 BUY DVD accepts no liability for personal injury and direct material damages to the goods supplied.
12 BUY DVD SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES OTHER THAN THOSE FOR WHICH 12 BUY DVD HAS EXPRESSLY ASSUMED LIABILITY AND 12 BUY DVD’S LIABILITY HEREUNDER SHALL IN NO EVENT INCLUDE ANY CONSEQUENTIAL OR OTHER SPECIAL OR INDIRECT OR PUNITIVE DAMAGES. NOR SHALL 12 BUY DVD BE LIABLE FOR ANY OTHER LOSS OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING PATENT LIABILITIES OR PATENT INDEMNIFICATION. PURCHASER SHALL INDEMNIFY AND HOLD 12 BUY DVD HARMLESS FROM ANY AND ALL SUCH CLAIMS OF THIRD PARTIES.
12.
No waiver by 12 BUY DVD of any breach of any condition, covenant or term of the Agreement shall be effective unless it is in writing and no failure or delay by 12 BUY DVD in enforcing any provision of the Agreement or in exercising any right, power or privilege hereunder shall operate as a waiver thereof.
13.
These Conditions of Sale and the orders or agreements to which these conditions apply shall be governed by and construed in accordance with the laws of The Netherlands, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Any disputes shall be submitted to the competent courts of Amsterdam, The Netherlands.
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