Terms and conditions

General

From: Dr Becky Spelman B.V.

Molenlaan 11 | 1422XN | Uithoorn | The Netherlands.

Tel: +31297371195.

Mail: [email protected]

CoC number: 80713661

VAT No: NL 861771461B01

The following terms apply to all final sales and delivery conditions mentioned below, unless parties explicitly agree otherwise in writing. If for any reason, any provisions stated in these terms and conditions are not applicable in the opinion of a judge, the regarding provision should be replaced by a provision in which both parties can still reach their objective. The other provisions of these general terms and conditions still remain in force. By placing your order you indicate that you agree with the terms and conditions. Drbeckyshop.com has the right to change its terms and conditions after the expiration date of the term. Payment orders are for the account and risk of the person who authorizes the payment.

Article 1. Definitions

Drbeckyshop.com

• The Consumer: An entity who is a physical person and not acting as a business or profession. 
• Order(s): A confirmed registered order of one or more products from Drbeckyshop.com in the name of the consumer.
• Product(s): A product or item that can be delivered according to the public information on Drbeckyshop.com based on these conditions.
• Shipment(s): One or more products assigned or ordered on behalf of the consumer from Drbeckyshop.com for shipment.
• Conditions: The following conditions and any other conditions which Drbeckyshop.com has in place declared in relation to the delivery of products to the consumer as far Drbeckyshop.com has notified how and where the consumer can be informed of other conditions. 

Article 2. Implementation of these conditions.

1. These conditions apply to every offer with every agreement between Drbeckyshop.com and a consumer, provided that these conditions have not been derived from explicitly in writing.
2. These conditions also apply to agreements with Drbeckyshop.com, for the implementation that requires third parties.

Article 3. Promotions.

Quotes and other conditions shall be deemed to be accepted by the consumer, unless written objections are expressed within a week or amendments are made.

Article 4. Delivery.

1. The consumer is obliged to accept delivery of the purchased products at the moment they are delivered, or at the moment they are available to the consumer according the agreement.
2. The conditions will be interpreted in accordance with the latest applicable Incoterms 2000 norms of the International Chamber of Commerce, unless otherwise specified.
3. Unless otherwise agreed upon, the place of the delivery is the address of the consumer.
4. Drbeckyshop.com is entitled to partial deliveries.

Article 5. Delivery time.

1. The specified delivery times by Drbeckyshop.com are approximate, and not deadlines, but possible delivery times will never exceed more than 1 week unless in case of force majeure.
2. In case of late delivery, the consumer shall contact Drbeckyshop.com via the contact form on Drbeckyshop.com about the default and set thereafter a reasonable time limit for Drbeckyshop.com to still fulfill its obligations.

Article 6. Technical requirements.

In case the delivered items in the Netherlands are going to be used outside the Netherlands, consumers are responsible for ensuring that the to be delivered products meet the technical requirements or standards set by laws or regulations of the country where the products are to be used.

Article 7. Information, data and intellectual property rights.

1. General indications and descriptions of the products to be delivered by Drbeckyshop.com as included in brochures, website, lists and the like, are solely intended as general information and are not an indicator for quality and/or guarantee.
2. Drbeckyshop.com can always assume the accuracy and completeness of the information and data provided to Drbeckyshop.com.
3. Unless expressly otherwise agreed to, the intellectual property rights to trademarks, models, drawings, designs and the like are off the possession of Drbeckyshop.com in any regard.

Article 8. Warranty.

1. Drbeckyshop.com warrants that the sold products are free from material, design and workmanship defects for a period of 6 months after delivery, or at least for a period of time that is guaranteed by the manufacturer of that product. Drbeckyshop.com thereby ensures that each delivered product meets normal requirements of reliability and usability and meet existing government regulations.
2. In the events mentioned in paragraph 1 apply and the products show a defect, Drbeckyshop.com is required to rectify the situation within 14 days after the consumer reported the defect in writing.
3. Drbeckyshop.com may choose to replace the products.
4. The consumer can only claim a replacement of the products or rescind the contract within the warranty period:

• Drbeckyshop.com has made an unsuccessful attempt twice to rectify the same error, and this defect is sufficient enough to justify replacement or termination;
• In the event the consumer is able to demonstrate that the matter shows (or has shown) so many defects that it does not comply with the agreement and that these flaws justify replacement or termination;

5. The warranty is deemed null and void in case the consumer causes damages due to improper handling and/or implementation of a guaranteed product.
6. The consumer must prove that the product has shown defects within the warranty period. The warranty is void if the type, or serial number of the product has been removed or tampered with.

Article 9. Defects; complaint periods.

1. The consumer is required to check the purchased products as soon as they are delivered. The consumer should check if the delivered products are delivered in accordance, namely:

• if the correct products were delivered;
• if the delivered products meet the agreed upon quality or, if these are missing, the requirements that may be set for normal use.

2. If a visible flaw or shortcoming is detected, then the consumer must report this within 3 days after the products were delivered from Drbeckyshop.com. In the event of timely notification, Drbeckyshop.com reserves the right to either replace the goods or refund the purchase price. Any other liability is excluded, especially liability to pay any compensation.
3. The consumer is obliged to take the necessary steps to limit the damages to the delivered goods as much as possible.
4. The consumer is obliged to follow all instructions concerning the storage and handling of the delivered products, according to the specifications or stated in the manuals provided with the product.
5. Drbeckyshop.com accepts no liability if the above is not followed.
6. The delivered goods which are rejected by the consumer can only be returned to Drbeckyshop.com if Drbeckyshop.com has given prior written permission.

Article 10. Price.

1. Unless otherwise expressly specified, the in effect prices for consumers issued by us are 

• Listed in Euros and British pound.
• Include VAT.
• On the basis of minimum quantities by Drbeckyshop.com.
• Include delivery costs for delivery in the Netherlands or UK.

Article 11. Payments.

1. Unless otherwise agreed to, payments must be made in advance.
2. The consumer is considered to be in default by Drbeckyshop.com if the owed amount is not payed within the set payment term. Without prejudice to any other right accruing to Drbeckyshop.com, the debtors default has at least the following consequences:
3. The consumer is not entitled to offset any counterclaim on Drbeckyshop.com regarding the payment obligations under this agreement.
4. In case of bankruptcy or receivership of the customer the receivables for and consumer obligations towards Drbeckyshop.com are immediately due and payable.

Article 12 Liability.

1. The liability of Drbeckyshop.com is limited to the resupply of the relevant product or a refund of the purchase price.

Article 13 Force majeure.

1. Drbeckyshop.com reserves the right to either terminate the contract in whole or in part, or to postpone delivery dates in the following cases, without being required to pay any compensation: Force majeure of any kind, mobilization, war, riots, fire, strikes, transport problems, seizure, production interruptions, lack of raw materials and / or energy, disasters, limiting government measures of any kind also, the malfunctioning of industrial installations which are necessary for the fulfillment of the contract, failure of third parties he supply and provision of services, or any other unforeseen circumstance which the will of Drbeckyshop.com is independent on and which would help Drbeckyshop.com have moved the agreement or not to go he were it been aware at the same conditions.
2. Drbeckyshop.com is also entitled to invoke on force majeure if the circumstance which prevents (further) fulfillment occurs after Drbeckyshop.com should have fulfilled its obligation.
3. During force majeure the delivery and other obligations of Drbeckyshop.com are suspended. If the period in which the fulfillment of obligations by Drbeckyshop.com lasts longer than 2 weeks, both parties are entitled to terminate the agreement, without there being an obligation to pay for any compensation.

Article 14 Disputes.

1. Dutch law is applicable to these terms, with the exclusion of the Vienna Sales Convention.

All disputes, including interlocutory proceedings relating to and/or arising from these general conditions shall be settled by a competent judge of the district court with the understanding that Drbeckyshop.com also has the right to submit a dispute to the competent court of the domicile of the consumer.