Article 1 - Definitions
In these conditions apply:
- Entrepreneur: The person or entity which products and / or remote services to consumers and business services;
- The Contractor: The individual is not acting in the exercise of professional or business and a distance contract with the entrepreneur, the natural or legal person acting in the exercise of professional or business and a distance contract with the entrepreneur;
- Distance contract: An agreement whereby one part of the trader organized system for distance selling of products or services, to conclude the agreement exclusive use of one or more means of distance communication. The contractor will provide an assignment on the website damageplayground.com one or more products damageplayground.com to produce and send.
- Technology for distance communication: Medium that can be used to conclude a contract, without the contractor and trader being in the same area have come together;
- Grace period: The period within which the contractor can exercise his right of withdrawal;
- Right of withdrawal: The ability of the contractor within the waiting period to waive the distance;
- Day: calendar day;
- Transaction Duration: A distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;
- Durable medium: Any means that the contractor or operator enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the operator
Furtado Melville trading as: damageplayground.com
3072 EL Rotterdam
Telephone: linked to email address
Dutch chamber of commerce nr.: 67920918
European VAT nr: NL225017441B01
These general conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between operator and contractor.
Before the distance contract is concluded, the text of these general conditions made available to the contractor. If this is not reasonably possible, before the distance is closed, that the general conditions for the entrepreneur to see and at the request of the contractor as soon as possible sent free of charge.
If this is not reasonably possible, before the distance is closed, that the general conditions for the entrepreneur to see and at the request of the contractor as soon as possible sent free of charge. If the distance is electronically closed, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the contractor be made available in such a way that the contractor a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions in electronic form can be taken and that at the request of the contractor by electronic means or otherwise without charge will be sent.
In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the contractor in the event of conflicting terms, always rely on the applicable provision for the most favorableis.
Article 4 - The offer
If an offer is a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the contractor as possible. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
Each offer will contain such information that the contractor clearly what rights and obligations, to accepting the offer are attached. This concerns in particular:
The price includes taxes;
any costs of delivery;
how the agreement will be achieved and what actions they require;
whether to apply the right of withdrawal;
the method of payment, delivery or performance of the contract;
The deadline for accepting the offer, or the deadline for adhering to the price;
the level of the rate of distance communication if the cost of using the technique of distance communication are calculated on a basis other than the basic rate;
If the agreement after the adoption is filed, how this for the contractor to consult;
how the contractor to conclude the agreement by his popular acts can get informed, and the way he can recover before the contract is concluded;
Any language which, in addition to Dutch, the contract may be entered;
The conduct to which the trader is subject and the way the contractor can conduct electronic consult and
the minimum duration of the distance contract in the event of a contract that involves the continuous or periodic supply of products or services.
Article 5 - The contract
The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the contractor to supply and satisfy the corresponding conditions.
If the contractor has accepted offer electronically, the trader will immediately acknowledge receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the contractor may terminate the contract.
If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the contractor can pay electronically, the operator with appropriate safety precautions.
The entrepreneur can - within the law - to inform the contractor or its payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance. If the operator under this investigation was justified in the agreement not to go, he is motivated entitled to refuse an order or request or special conditions to the implementation.
The entrepreneur will the product or service to the contractor the following information in writing or in such a way that the contractor in an accessible manner can be stored on a durable medium, send:
the physical address of the establishment of the business location where the contractor can lodge complaints;
the conditions and how the contractor of the withdrawal right can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
information on existing after sales service and guarantees;
in Article 4 paragraph 3 of these conditions include information, unless the operator this information already provided to the contractor before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration exceeding one year or indefinite.
If the entrepreneur is committed to providing a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 - Right of withdrawal upon delivery of products
When purchasing products, the contractor the contract without giving any reason to dissolve for 14 days. This period commences on the day following receipt of the product by or on behalf of the contractor.
During this period, the contractor will treat the product and packaging. He will be the product only to unpack or use as necessary to assess whether he would prefer to retain.If he exercises his right of withdrawal, will the product with all accessories and - if reasonably possible - in its original condition and packaging to return the entrepreneur, according to information provided by the operator reasonable and clear instructions.
Article 7 - Property rights
The client must respect all intellectual and industrial property rights that are delivered by damageplayground.com completely and unconditionally.
damageplayground.com does not guarantee that the delivered items do not infringe any intellectual or industrial property rights of third parties and accepts no liability for any claims by third parties based on the proposition that a case supplied by damageplayground.com infringes any rights of third.
Article 8 - Exclusion of right of withdrawal
If the contractor does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly in the offer, at least in time for the conclusion of the contract refers.
Exclusion of the right of withdrawal is only possible for products:
by the entrepreneur to have been made to specifications of the contractor;
that are clearly personal in nature;
which by their nature can not be returned;
that rapidly decay or become obsolete;
whose price depends on fluctuations in the financial market on which the entrepreneur's control;
for individual newspapers and magazines;
for audio and video recordings and computer software that the contractor has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
on accommodation, transport, catering or leisure to carry on a certain date or during a specified period;
the supply with the express consent of the contractor before the withdrawal period has expired;
on betting and lotteries.
Article 9 - Price
During the period mentioned in the offer, the prices of the products and / or services have not increased, except for price changes resulting from changes in tax rates.
Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the operator has no control, with variable prices. These fluctuations and the fact that any price targets, are at the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
they are the result of laws or provisions;
the contractor has the power to terminate at the date the increase takes effect.
The supply of products or services mentioned prices include VAT.
Article 10 - Compliance and Warranty
The trader warrants that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing legal provisions and or government regulations.
By the trader, manufacturer or importer as a guarantee scheme does not affect the rights and claims by the Contractor in respect of a failure to fulfill the obligations of the employer may assert against the employer under the law and / or the distance.
Article 11 - Compliance and Warranty
It will be the utmost diligence in the acceptance and implementation of orders and products in assessing applications for the provision of services.
The place of delivery is the address that the contractor has made known to the company.
Subject to what is stated in Article 4 of these terms is mentioned, the company accepted orders expeditiously but not later than 30 days, unless a longer delivery has been agreed. In case damageplayground.com has given a deadline for delivery, it is indicative. If delivery is delayed or if an order or partial can be performed, the contractor notified no later than one month after the order was placed. The contractor, in which case the right to terminate the contract without penalty and be entitled to any compensation.
In case of dissolution in accordance with the preceding paragraph, the trader the amount the contractor paid as quickly as possible and within 30 days after termination, back pay.
If delivery of an ordered product proves impossible, the trader will endeavor to make available a replacement item. Later than the delivery will be clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal can not be excluded. The cost of return shipment are borne by the entrepreneur.
The risk of damage and / or loss of products is based to the time of delivery to the contractor in the business, unless otherwise agreed.
Article 12 - Duration Transactions
The contractor may contract for an indefinite always denounce the applicable termination notice rules and a maximum of one Mon
A contract for a definite period has a maximum duration of two years. If it is agreed that the silence of the Contractor the distance contract will be renewed, the agreement will continue as a permanent contract and will continue after the notice of the agreement up to a month.
Article 13 - Payment
Unless subsequently agreed, the amounts owed by the contractor be paid within 14 days after delivery of the goods or in case of a contract to provide a service, within 14 days after issuance of the documents relating to this agreement.
When selling products to contractors in the general conditions may never be a prepayment of more than 50% are stipulated. If payment is agreed, the contractor may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
The contractor has the duty to inaccuracies in data supplied or specified payment to report immediately to the trader.
In case of default by the contractor, the employer subject to legal restrictions, the right to advance to the contractor's reasonable costs to charge.
Article 14 - Safeguarding
The entrepreneur has a well-publicized complaints and deals with complaints under the complaints procedure.
Complaints about the implementation of the agreement should take place promptly, fully and clearly described and submitted to the entrepreneur, after the contractor has discovered the defects.
When the trader complaints within a period of 14 days from the date of receipt. When a complaint with a longer processing time, then the trader within the period of 14 days responded with a message of welcome and an indication if the contractor can expect a more detailed answer.
If the complaint can be resolved by mutual agreement, creates a dispute that is subject to dispute.
Article 15 - Disputes
On agreements between the employer and the contractor to which these terms refer only to Dutch law.
The judge in the place of damageplayground.com has exclusive jurisdiction to hear disputes, unless the Court has jurisdiction. Nevertheless damageplayground.com the right to revert to the legally competent judge.
A dispute will only be considered if the Contractor his complaint within a reasonable time to the trader.
Parties will appeal to the court until they turn to the utmost to solve a dispute by mutual consultations.
No later than three months after the dispute arose, the dispute in writing to the court to be valid.
Article 16 - Additional or different terms
Additional or different provisions of these terms should not disadvantage the contractor and should be in written form or in such a way that the contractor in an accessible manner can be stored on a durable medium.