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GENERAL CONDITIONS OF SALE of van den Burg Beeldproducties CV,
operating under the name Mixmediastore.com, trainstore.nl and swisstore.nl, hereinafter referred to as Mixmediastore.
Article1. Applicability
1.1 Exclusive of any other general conditions, the General Conditions of Sale (hereinafter referred to as 'the conditions') shall apply to all of Mixmediastore's offers, orders and agreements. These conditions are filed with the Chamber of Commerce in Leiden, the Netherlands, under number 28038304 and are provided free of charge upon request. The conditions are also available on http://www.mixmediastore.com.
1.2 Accepting an offer and/or placing an order means the buyer accepts the applicability of these conditions.
1.3 One may only deviate from a stipulation in the conditions provided these are confirmed in writing and other stipulations remain in full force.
1.4 All rights and claims stipulated in these conditions and in any other agreements for the sake of Mixmediastore shall also apply to intermediaries and any other third parties called in by Mixmediastore.
Article 2. Offers/agreements
2.1 All Mixmediastore offers are non-obligatory. Mixmediastore shall explicitly retain the right to change prices, especially if this is necessary due to (legal) prescriptions (see also article 3.6.).
2.2 An agreement shall only come into existence once Mixmediastore accepts an order. Mixmediastore shall have the right to refuse orders stating the reason and/or attach special conditions to the delivery, unless parties explicitly decide otherwise. If an order is not accepted, Mixmediastore shall inform the client within ten (10) working days on receiving the order.
2.3 Some products (e.g. DVDs) shall be offered stating an age classification. Ordering these products means the buyer declares having at least the set age.
Article 3. Prices and payments
3.1 Product and service prices are stated in euros, including VAT and exclusive of handling and shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing.
3.2 Payments shall be made without a discount or compensation within fourteen (14) days of the invoice date if the products are delivered within the Netherlands, and within twenty-one (21) days of the invoice date if products are delivered outside the Netherlands, unless parties agree otherwise in writing.
3.3 Payments can be made using (one of) the method(s) indicated in the order and order acceptance process. An order may be subject to further (payment/ordering) conditions. In case of payments with bank or giro account numbers the payment date shall be the credit entry date of Mixmediastore's giro account or bank account respectively.
3.4 If the payment term expires without payment being received buyer shall be in default as of the day on which payment should have taken place and be charged late interest at 1% a month or part of the month on the outstanding amount. If payment takes place upon Mixmediastore's reminder buyer shall be charged twenty-three euros and eighty cents (€ 23.80) administration costs. If Mixmediastore outsources its claim for collection buyer shall also be charged collection charges, which will be at least fifteen percent (15%) of the outstanding sum, without prejudice to Mixmediastore's authority to claim the actually incurred extrajudicial collection expenses instead.
3.5 If buyer fails to pay, Mixmediastore shall have the right to postpone and/or terminate (the execution) of the agreement concerned and any related agreements.
3.6 Should the prices of the products and services offered rise from the moment you place the order until your order is carried out, buyer shall have the right to cancel the order and/or annul the agreement within ten (10) days of the day on which Mixmediastore informs buyer about the price increase.
Article 4. Delivery
4.1 Mixmediastore shall deliver products promptly, at least within thirty (30) days of the order date, unless Mixmediastore states otherwise. If delivery does not take place on time, buyer shall be informed within one month from the order date and until the delivery date shall have the right to annul the agreement free of charge by informing Mixmediastore in writing. Exceeding the delivery period shall not entitle buyer to compensation.
4.2
Delivery shall be considered to have taken place when the product is received by buyer (or on buyer's behalf).
Article 5. Retention of title
5.1 The ownership of products delivered shall transfer at the moment buyer has paid all that is indebted to Mixmediastore in accordance with any agreement pertaining. All risk to the products shall transfer to buyer upon delivery.
Article 6. Intellectual and industrial right of ownership
6.1 Buyer shall respect fully and unconditionally all intellectual and industrial rights of ownership which lie with the products delivered by Mixmediastore.
6.2 Mixmediastore does not guarantee that the products delivered do not violate any (unwritten) intellectual and/or industrial right of ownership of third parties.
Article 7. Complaints and liability
7.1 Buyer shall inspect the product(s) delivered directly upon receipt. Any defaults or failings should be communicated to Mixmediastore by means of a well-founded letter within two (2) months upon their discovery.
7.2 If buyer can prove that the products do not comply with the agreement, Mixmediastore shall have the option to replace the returned products with new ones and/or refund the invoiced price plus shipping costs paid.
7.3 If buyer refuses to accept a product for whatever reason, they shall have the right to return the product within seven (7) working days upon delivery to Mixmediastore and annul the agreement. In this case return shipments shall only be accepted if the package is undamaged and the package seal is unbroken. Any payment received by Mixmediastore for this product shall be returned within thirty (30) days upon annulment of the order. The return costs shall be paid by client.
Article 8. Orders/communication
8.1 Unless there is a demonstrated case of intent or gross negligence
Mixmediastore shall not be held liable for misunderstood, damaged, delayed or improperly arranged orders and announcements due to use of the Internet or any other communications tool between buyer and Mixmediastore, or between Mixmediastore and third parties.
Article 9. Force majeure
9.1 Without prejudice to its other rights, in case of force majeure and according to its choice, Mixmediastore shall have the right to postpone handling of an order, and/or annul an agreement without judicial intervention. Mixmediastore shall inform buyer of this matter but shall not be obliged to pay compensation, unless in the given circumstances such would be unacceptable according to standards of reasonableness and fairness.
9.2 Force majeure is taken to mean each shortcoming that cannot be ascribed to Mixmediastore, as it is not due to Mixmediastore's negligence and cannot be considered Mixmediastore's responsibility according to the law, legal action or common opinion.
Article 10. Miscellaneous
10.1 If buyer communicates an address to Mixmediastore in writing, Mixmediastore shall have the right to ship all orders to that address, unless buyer provides Mixmediastore with a different address in writing at which they would like to receive the order(s).
10.2 If Mixmediastore allows non-observance of these conditions for a longer or shorter period of time, tacitly or otherwise, Mixmediastore shall retain the right to demand direct and strict observance of these conditions. Buyer shall claim no rights based on the fact that Mixmediastore applies these conditions less strictly than normal.
10.3 Should at least one of the stipulations in these conditions or any other agreement with Mixmediastore conflict with any applicable legal regulation, the stipulation concerned shall be cancelled and replaced by a new legally permissible similar stipulation to be determined by Mixmediastore.
10.4 Mixmediastore shall have the right to use third parties to carry out buyers orders.
Article 11 Applicable law and competent court
11.1 Dutch law only shall apply to all rights, obligations, offers, orders and agreements to which these conditions apply, as well as these conditions.
11.2 All disputes between parties shall be exclusively submitted to the competent court in the Netherlands.
Van den Burg beeldproducties CV
Rietschans 72a
2352 BB Leiderdorp
Tel 0031 71 5818181
Fax 0031 71 5818180
Chamber of Commerce number 28038304
VAT number NL 0096.93.865.B.01
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