GENERAL TERMS “Biyomap Webshop“
M.A.P. Maximum Art Protection(Biyomap Webshop), located on 3645 BX, Vinkenkade 77-111, Vinkeveen, Holland, registered at the Chamber of Commerce Amsterdam under number: 55499554
Article 1 Definitions These General Conditions apply to all contracts and other legal relationships between Supplier and the customer.
Article 2 General
1. These conditions apply to every offer, order and contract between Biyomap Webshop and the customer.
2. When accepting an offer or when placing an order, the customer agrees to the applicability of these conditions.
3. Any exceptions to these general conditions are only valid in case there is an explicit written agreement.
Article 3 Offers and agreement
1. All offers are without engagement and Biyomap Webshop reserves the right to change prices, especially when this is necessary due to (legal) regulations. Also see art. 5.5.
2. Biyomap Webshop can not be held to the offer in case the customer, in terms of reasonableness and fairness and in society prevailing view, was ought to understand that the offer, or a part thereof, consists of an obvious mistake or error.
3. A composed quotation does not oblige Biyomap Webshop to delivery of a part of the items in the offer or quote against a corresponding part of the given quotation. Offers do not automatically apply to repeat orders.
4. The agreement is established after acceptance of the order by Biyomap Webshop. If Biyomap Webshop does not accept the order, the customer will be notified within 10 working days after receipt of the order. If an order has not been paid within 14 days (in case of advance payment), the offer expires. The prices indicated on the internet page are in Euros and include VAT, unless otherwise indicated.
Article 4 Pictures and specifications
1. The images, drawings, colors of the offered products and accessories may differ from reality. This may not be a reason for damage restitution and/or resolution of the agreement.
Article 5 Payment and Delivery
1. Delivery costs are calculated for the delivery of your orders. The delivery costs depend on the volume and/or the weight of the order and the shipping address.
Biyomap Webshop reserves the right to separately bill the costs for shipping upon delivery.
2. If Biyomap Webshop requires information from the customer regarding the execution of the agreement, the delivery period shall commence after the customer has provided Biyomap Webshop with this information.
3. The delivery term is indicative. A specified delivery time is therefore never a deadline. The actual delivery time will however never exceed the indicated delivery time with more than 10 days, except in case of force majeure. When a term is exceeded, the customer has to give written notice of default by Biyomap Webshop.
4. Payment can occur by any of the specified way during the ordering process. Delivery shall be made after receipt of payment. When paying by bank or giro transfer, the crediting date of Biyomap Webshop’s giro or bank account will count as the date of payment.
5. If the prices for the offered products increase in the time between the order and the execution thereof, you have the right to cancel the order or terminate the agreement within ten days after notification of the price increase by Biyomap Webshop.
Article 6 Retention of title
1. Biyomap Webshop remains owner of the delivered content until the purchase price has been paid in full.
Article 7 Warranty
1. Biyomap Webshop provides the customer with a digital invoice which serves as a written warranty. This allows the customer to replace of fix visible defects free of charge, if these defects have not been the result of wear and tear or signs of use. In case of replacement, the customer returns the product to Biyomap Webshop and transfers ownership to Biyomap Webshop.
2. The stated warranty does no longer apply in case the defect has been caused as a result of incorrect or improper use, or when, without written permission by Biyomap Webshop, the customer or third parties made changes to the product or tried to, or used the product for purposes it is not intended for.
3. After expiration of the warranty period, Biyomap Webshop is entitled to charge all costs for repair or replacement, including administration costs and shipping and handling costs.
4. If the delivered product does not correspond to what was agreed upon, and this non-conformity is a defect in the sense of the regulation of the product liability, Biyomap Webshop is not liable for any arising consequential damage.
Click on “Warranty” on our service page for more information about our warranty schemes.
Article 8 Complaints and liability
1. The customer is obliged to examine if the delivered products meet the agreement. If this is not the case, the customer has to provide a written notification to Biyomap Webshop within 5 working days.
2. If it is demonstrated that the products do not meet the agreement, Biyomap Webshop has the choice to have these products returned and replaced by new products, or refund the invoice value.
3. The customer has the right to, in case of the above, return the product within 30 working days to Biyomap Webshop. Returns are only accepted after written notification thereof and if the packaging is undamaged. The costs for the return shipment are at the expense of the customer.
4. The customer is entitled to a cooling off period of 7 working days after delivery of the product. Within this period, the customer is allowed to return the delivered product without giving reasons. The shipping costs for returning the product are at the expense of the customer. Biyomap Webshop will in such case be required to deposit the purchase amount on the bank account of the customer within 30 days after receipt. The cooling off period does not apply to products that have been specifically (in order) made are assembled.
Article 9 Risk
1. The risk of loss or damage of the products that are subject to the agreement is transferred to the customer at the moment these products are legally and/or actually delivered to the customer and are thereby brought into power of the customer or a third party designated by the customer.
Article 10 Suspension and dissolution
1. Biyomap Webshop is authorized to suspend the fulfillment of the obligations or dissolve the agreement, if circumstances arise that are of a nature that fulfillment of the contract is impossible or to standards of reasonableness and fairness can no longer be expected or if other circumstances arise that are of a nature that unaltered maintenance of the agreement can not be expected in all reasonableness.
2. If the agreement is dissolved, the claims of Biyomap Webshop to the customer are immediately due and payable. If Biyomap Webshop suspends the fulfillment of the obligations, it shall retain its rights under the law and the agreement.
3. Biyomap Webshop still reserves the right to claim damages.
1. The customer indemnifies Biyomap Webshop for claims from third parties regarding rights of intellectual property that are used in the execution of the agreement.
2. If the customer provides Biyomap Webshop with data carriers, electronic files or software, etc., the customer guarantees that the data carriers, electronic files or software are free of viruses and defects.
Article 12 Intellectual property and copyrights
1. Notwithstanding the other provisions in these general conditions, Biyomap Webshop retains the rights and authorities that are entitled to Biyomap Webshop based on the Copyright Act.
2. Biyomap Webshop retains the right to use possible gained knowledge obtained by execution of work for other purposes, as long as no confidential information is provided to third parties.
Article 13 Force majeure
1. Notwithstanding the other rights, Biyomap Webshop has the right to invoke force-majeure if the circumstance that impedes (further) fulfillment occurs after Biyomap Webshop should have fulfilled its obligation.
2. Parties can suspend the obligations from the agreement during the period of force majeure. If this period is longer than two months, either party may terminate the agreement without any obligation to pay damages to the other party.
Article 14 Disputes
1. All rights, obligations, offers, and agreements these conditions apply to, as well as these conditions, only Dutch law applies. The Vienna Sales Convention is expressly excluded.
2. All disputes between parties will be submitted to the competent court in the Netherlands, unless the Justice of the Peace is authorized.