Terms & ConditionsTerms and Conditions General sales and delivery terms of:
Body Talk Erotic
1781 BV Den Helder
Registration number K.v.K .: 36041136 0000
ARTICLE 1: APPLICABILITY
These conditions apply to all offers and to all agreements of purchase and sale, which are made via the website of Body Talk, established in Den Helder, hereinafter referred to as "Body Talk", concerning the website http://www.bodytalk.nl, this website in English, German or other language). The buyer or the client will hereinafter be referred to as "the other party". If in the following a provision specifically relates to the situation in which the other party is a natural person who does not act in the exercise of a profession or business, this will be referred to as "the consumer". Other terms and conditions are only part of the agreement between the parties if and insofar as both parties have expressly agreed to this in writing. In these general terms and conditions, "in writing" also means: by e-mail, by fax or any other means of communication that can be equated with this in view of the state of the art and the views prevailing in society. The acceptance and retention of a quotation or order confirmation by the other party without comment, to which these conditions are referred to, is deemed to be a consent to its application. The possible non-application of a (part of a) provision of these general terms and conditions does not affect the applicability of the other provisions.
ARTICLE 2: AGREEMENTS
Agreements are only binding by written confirmation from Body Talk.
Additions or changes to the general terms and conditions or other changes or additions to the agreement will only become binding after written confirmation by Body Talk.
ARTICLE 3: OFFERS
All offers, quotations, price lists, delivery times, etc. of Body Talk are without obligation unless they contain a term for acceptance. If a quotation or offer contains an offer without obligation and this offer is accepted by the other party, then Body Talk has the right to revoke the offer within 2 working days after receipt of the acceptance. The prices used by Body Talk as well as the prices stated in the offers, quotations, price lists and on the website of Body Talk and the like are inclusive of VAT and excluding any costs. These costs may include - but not exclusively - transport costs, shipping costs and invoices from third parties engaged. All this unless explicitly stated otherwise on the Body Talk website or elsewhere in writing or if the parties have expressly agreed otherwise in writing. Shown and / or provided samples, brochures, drawings, models, specifications of colors, images, dimensions, weights and other descriptions are as accurate as possible, but are only indicative. No rights can be derived from this, unless the parties have expressly agreed otherwise in writing. A. If between the date of conclusion of the agreement and the execution of the agreement by the government and / or trade unions changes are made in wages, employment conditions, social insurance, taxes, (import) taxes, exchange rates, etc., is Body Talk entitled to pass on the increases to the other party. Should a new price list be issued by Body Talk and / or suppliers between the aforementioned dates and enter into force, then Body Talk is entitled to charge the other party the prices stated therein. ARTICLE 4: RETURNS Body Talk does not take items returned for external or internal use. This purely for hygienic reasons. If the items ordered show a defect, this can be exchanged after consultation with Body Talk and / or a new copy can be obtained. If you wish to exchange or return clothing because the size is not correct, it will be returned to the address Zuidstraat 92 1781 BV Den Helder
ARTICLE 5: ENABLING THIRD PARTIES
If and insofar as proper execution of the agreement so requires, Body Talk has the right to have deliveries made by third parties.
ARTICLE 6: DELIVERY, DELIVERY TERMS
Specified deadlines within which the goods must have been delivered can never be regarded as a deadline, unless the parties have expressly agreed otherwise in writing. Maximum delivery time is 30 days unless otherwise agreed, if we can not deliver within 30 days we will inform you of this. You can then terminate the contract or agree on a new delivery time. Upon dissolution, the final amount will be credited within a maximum of 30 days. The risk concerning the delivered goods passes to the other party at the time of delivery. Dispatch and / or transport of ordered items shall take place in a manner to be determined by Body Talk, but at the expense of the other party. All this, unless the parties have explicitly agreed otherwise in writing. If it proves impossible to deliver the goods to the other party, due to a cause in the sphere of the other party, Body Talk reserves the right to store the ordered goods at the expense and risk of the other party. Body Talk informs the other party in writing of the storage made and also sets a reasonable period for the other party to enable Body Talk to deliver the goods. If the other party still fails to fulfill its obligations after the expiry of the reasonable period set by Body Talk, as determined in the previous paragraph of this article, the other party shall be charged by the mere lapse of 1 (one) month, calculated from the date of storage in default and Body Talk has the right to terminate the agreement in writing and with immediate effect, without prior or further notice of default, without judicial intervention and without compensation for damages, costs and interest, in whole or in part. The foregoing shall not affect the obligation of the other party to pay the agreed or stipulated or due price, as well as any storage and / or other costs.
ARTICLE 7: PROGRESS, EXECUTION AGREEMENT
Body Talk can not be obliged to commence delivery of the goods until after all necessary information is in its possession and he has received the possibly agreed prepayment or installment payment. In the event of delays resulting from this, the specified delivery times will be adjusted pro rata.
If deliveries can not take place normally or without interruption due to causes beyond Body Talk's fault, Body Talk is entitled to charge the other party the resulting costs to the other party.
All expenses incurred by Body Talk at the request of the other party in the context of the execution of the agreement shall be entirely for the account of the latter, unless the parties have expressly agreed otherwise in writing.
ARTICLE 8: LIABILITY AND WARRANTY
Body Talk loses its duty as expected from a company in its branch, but accepts no liability for damage, including death and injury, consequential loss, trading loss, loss of profits and / or stagnation damage, which is the result of action. or negligence of Body Talk, his staff or third parties engaged by him, except insofar as there is intent and / or deliberate recklessness of himself, his management and / or his managerial staff.
Without prejudice to the provisions in the other paragraphs of this article, the liability of Body Talk - for whatever reason - is limited to the amount of the net price of the delivered goods.
Without prejudice to the provisions of the previous paragraphs of this article, Body Talk is never obliged to pay compensation that exceeds the insured amount, insofar as the damage is covered by an insurance taken out by Body Talk.
Body Talk guarantees the usual normal quality and soundness of the (finished) delivery; the actual life span can never be guaranteed.
If items delivered by Body Talk are provided by the manufacturer with a guarantee, this guarantee will apply equally between the parties.
The other party loses its rights against Body Talk, is liable for all damage and indemnifies Body Talk against any claim by third parties in respect of damages if and insofar as:
A. the aforementioned damage has arisen due to incompetent and / or instructions and / or advice from Body Talk contrary use and / or improper storage (storage) of the delivered goods by the other party;
B. the aforementioned damage has arisen due to errors, omissions or inaccuracies in data, materials, information carriers and the like that have been provided and / or prescribed to Body Talk by or on behalf of the other party.
ARTICLE 9: PAYMENT
Payment must be made in accordance with the manner indicated on the Body Talk website.
Payment in other ways is only permitted if parties have explicitly agreed this in writing.
At the discretion of Body Talk, in the foregoing or corresponding circumstances, without further notice of default or judicial intervention, the agreement can be dissolved in whole or in part, whether or not combined with a claim for compensation.
If the other party has not fulfilled its payment obligations in time, Body Talk is authorized to suspend the fulfillment of the obligations towards delivery and / or the performance of work to the other party until the payment has been made or proper security has been provided for this. The same applies even before the moment of default if Body Talk has the reasonable suspicion that there are reasons to doubt the creditworthiness of the other party.
Payments made by the other party always serve to settle all interest and costs owed and then serve to settle the due and payable invoices that have been outstanding the longest, unless the other party explicitly states in writing that the payment relates to a later invoice.
ARTICLE 10: OWNERSHIP RESERVATION Body Talk reserves the ownership of delivered and to be delivered goods until the time when the other party has met its related payment obligations towards Body Talk. These payment obligations consist of paying the purchase price, plus claims in respect of work carried out related to that delivery, as well as claims in this respect, possible compensation for failure to comply with obligations on the part of the other party. In the event that Body Talk invokes the retention of title, the relevant agreement shall be deemed to have been dissolved, without prejudice to the right of Body Talk to claim compensation for damage, lost profit and interest. The other party is obliged to immediately inform Body Talk in writing of the fact that third parties enforce rights to items that are subject to retention of title pursuant to this article. ARTICLE 11: BANKRUPTCY, DECISION-MAKING POWERS and the like. Without prejudice to the provisions in the other articles of these terms and conditions, the agreement between the other party and Body Talk will be terminated without judicial intervention and without any notice of default being required, at the moment when the other party is declared bankrupt, (provisional) to apply for suspension of payment, be taken by executory attachment, be placed under guardianship or administration or otherwise lose the power of disposition or legal capacity with regard to his assets or parts thereof, unless the trustee or the receiver recognizes the obligations arising from the agreement as an estate debt.
ARTICLE 12: FORCE MAJEURE
In case fulfillment of what Body Talk is obliged to do pursuant to the agreement concluded with the other party is not possible and this is due tonon-attributable non-fulfillment on the part of Body Talk, and / or on the part of the for performance of the agreement third parties or subcontractors engaged, or in the event that another significant cause occurs on the part of Body Talk, Body Talk is entitled to dissolve the agreement concluded between the parties, or the performance of its obligations towards the other party during a determine a reasonable period of time without being liable for any compensation. If the above-mentioned situation occurs if the agreement has been partially implemented, the other party is obliged to fulfill its obligations towards Body Talktot at that time.
The circumstances in which there will be non-attributable non-compliance will be understood to include: the failure of networks for telecommunications and / or electricity, war, riots, mobilization, domestic and foreign disturbances, government measures, strike and exclusion by workers or menace of these conditions; disruption of the currency relations existing at the time of concluding the agreement; weather conditions, business failures due to fire, accident or other occurrences and natural phenomena, irrespective of whether non-compliance or late performance takes place at Body Talk, its suppliers or third parties engaged by it for the performance of the contract.
ARTICLE 13: DISSOLUTION, CANCELLATION / TERMINATION
A. The other party waives all rights to dissolve the agreement pursuant to Article 6: 265 et seq. B.W. or other statutory provisions, unless mandatory legal provisions oppose this. This is subject to the right to cancel the agreement under this article or to cancel it.
B. The provisions of sub A of this paragraph do not apply to the contract with the consumer.
Cancellation in the context of these general terms and conditions means: termination of the agreement by one of the parties before the start of the execution of the agreement.
In the context of these general terms and conditions, termination is understood to mean: termination of the agreement by one of the parties after the start of the execution of the agreement.
In the event that the other party cancels or cancels the agreement, it will owe Body Talk a fee to be determined by Body Talk. The other party is obliged to reimburse Body Talkte for all costs, damages and lost profits. Body Talk is entitled to fix the costs, damages and lost profits and - at its discretion and depending on the work already performed or deliveries - to charge 20 to 100% of the agreed price to the other party.
The other party is liable to third parties for the consequences of the cancellation or cancellation and indemnifies Body Talk in this respect.
Amounts already paid by the counterparty will not be refunded.
ARTICLE 14: APPLICABLE LAW / COMPETENT JUDGE
The agreement concluded between Body Talk and the other party is exclusively governed by Dutch law. The disputes arising from this agreement will also be settled under Dutch law. Notwithstanding the provisions of paragraph 1 of this article, the material-law consequences of a retention of title of goods intended for export, in the event that the legal system of the country or the state of destination of the goods is more favorable for Body Talk, will be governed by that right. Any disputes will be settled by the competent Dutch court, although Body Talk is entitled to bring a case before the competent court in the place where Body Talkis is established, unless the district judge is competent in this matter. For disputes with the consumer, within 1 (one) month after Body Talk has informed him that the case will be submitted to the court, the consumer can make known that he chooses to settle the dispute by the legally competent court . With regard to disputes arising from the agreement concluded with a counterparty located outside the Netherlands, Body Talk is entitled to act in accordance with the provisions of paragraph 3 of this article or - at its option - to bring the disputes before the competent court in the country or the state where the other party is located.