Definitions
- Agreement: All agreements between the Parties concerning the sale/purchase and delivery of Products by the Company to the Customer and/or the provision of Services.
- Company: Darlik B.V., a private company with limited liability incorporated under the laws of The Netherlands.
- Consumer: A Customer acting for non-business or non-professional purposes.
- Customer: The natural and/or legal person to whom the Company makes an Offer to deliver Products and/or provide Services.
- Offer: Every offer by the Company to conclude an Agreement.
- Party/Parties: Company and the Customer jointly or individually.
- Product(s): Items of property and/or property rights to be delivered by the Company based on the Agreement.
- Services: All (additional) services and/or work, technical or otherwise, performed by the Company.
Applicability
- These Terms and Conditions apply to all Offers, Agreements, and any subsequent agreements between the Parties.
- If these Terms and Conditions have applied to any Agreement, they automatically apply to future agreements unless expressly agreed otherwise in Writing.
- The Company rejects the applicability of any general or specific terms and conditions applied by the Customer, unless expressly agreed otherwise in Writing.
- In case of invalidity or annulment of a provision, the remaining provisions will continue to apply.
Offers
- Offers are without obligation and valid for the stated term.
- An Offer can be withdrawn by the Company at any time.
- The Customer can cancel an Agreement within the first six hours after its conclusion if the Product has not been shipped.
Formation of Agreements
- Agreements are concluded online and are effected by acceptance of the Offer by the Customer or by actual performance by the Company.
- An Agreement replaces all previous communication between the Parties.
Prices and Rates
- Prices stated are related to the Product and exclude additional costs.
- Prices are in the local currency, and taxes or levies related to transport and import/export are at the Customer’s expense.
- Payment is required at the conclusion of the Agreement.
Delivery Time
- Delivery time is indicative, not a strict deadline.
- Company aims to deliver within 8-12 business days (USA) and 10-18 business days (internationally).
- Delivery time starts when all details are agreed upon, and conditions are met.
Mode of Delivery
- Risk passes to the Customer upon offering the Products at the specified address.
- Customer must notify missing Products within five (5) working days.
Acceptance and Guarantee
- Products shall conform to the Agreement.
- Customer must subject Products to an acceptance test within 8 days of delivery.
- Complaints do not suspend payment obligations.
Expiry Periods
- Customer’s legal actions lapse after twelve (12) months.
- Claims must be lodged within four (4) months after a written claim is submitted.
Termination
- The Company may terminate the Agreement if the Customer fails to fulfill obligations.
- Termination is possible in case of Customer’s insolvency, cessation of work, or inability to fulfill obligations.
Right of Withdrawal
- The Consumer has the right to withdraw within 14 days.
- Withdrawal period starts after receiving the Products.
Obligations Consumer
- The Consumer shall handle Products with due care during the withdrawal period.
- The Consumer is liable for diminished value exceeding reasonable handling.
Exercising the Right of Withdrawal
- The Consumer informs the Company in writing within the withdrawal period.
- The Consumer bears the costs of returning the Products.
Exclusion of the Right of Withdrawal
- The Right of Withdrawal does not apply in specific cases outlined in the Terms and Conditions.
Liability and Insurance
- The Company’s liability is limited to the amount paid out by the insurer.
- Company is not liable for financial loss, damage to property not owned by the insured, loss due to improper use, and other specified cases.
Force Majeure
- Force majeure includes various events preventing performance.
- Company may suspend or terminate the Agreement without compensation in case of force majeure.
Confidentiality
- Both Parties are bound not to disclose confidential information acquired from each other.
- Exceptions apply if compelled by law or court order.
Intellectual Property Rights
- All intellectual and industrial property rights to Products and Services are vested in the Company.
- Customer must cooperate in transferring relevant rights if not vested in the Company.
Applicable Law and Competent Court
- All Agreements are exclusively governed by Dutch law.
- Disputes are submitted to the competent court in The Netherlands for Consumers and to Rechtbank Overijssel for other Customers.