Definitions

  1. 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.
  2. Company: Darlik B.V., a private company with limited liability incorporated under the laws of The Netherlands.
  3. Consumer: A Customer acting for non-business or non-professional purposes.
  4. Customer: The natural and/or legal person to whom the Company makes an Offer to deliver Products and/or provide Services.
  5. Offer: Every offer by the Company to conclude an Agreement.
  6. Party/Parties: Company and the Customer jointly or individually.
  7. Product(s): Items of property and/or property rights to be delivered by the Company based on the Agreement.
  8. Services: All (additional) services and/or work, technical or otherwise, performed by the Company.

Applicability

  1. These Terms and Conditions apply to all Offers, Agreements, and any subsequent agreements between the Parties.
  2. If these Terms and Conditions have applied to any Agreement, they automatically apply to future agreements unless expressly agreed otherwise in Writing.
  3. The Company rejects the applicability of any general or specific terms and conditions applied by the Customer, unless expressly agreed otherwise in Writing.
  4. In case of invalidity or annulment of a provision, the remaining provisions will continue to apply.

Offers

  1. Offers are without obligation and valid for the stated term.
  2. An Offer can be withdrawn by the Company at any time.
  3. The Customer can cancel an Agreement within the first six hours after its conclusion if the Product has not been shipped.

Formation of Agreements

  1. Agreements are concluded online and are effected by acceptance of the Offer by the Customer or by actual performance by the Company.
  2. An Agreement replaces all previous communication between the Parties.

Prices and Rates

  1. Prices stated are related to the Product and exclude additional costs.
  2. Prices are in the local currency, and taxes or levies related to transport and import/export are at the Customer’s expense.
  3. Payment is required at the conclusion of the Agreement.

Delivery Time

  1. Delivery time is indicative, not a strict deadline.
  2. Company aims to deliver within 8-12 business days (USA) and 10-18 business days (internationally).
  3. Delivery time starts when all details are agreed upon, and conditions are met.

Mode of Delivery

  1. Risk passes to the Customer upon offering the Products at the specified address.
  2. Customer must notify missing Products within five (5) working days.

Acceptance and Guarantee

  1. Products shall conform to the Agreement.
  2. Customer must subject Products to an acceptance test within 8 days of delivery.
  3. Complaints do not suspend payment obligations.

Expiry Periods

  1. Customer’s legal actions lapse after twelve (12) months.
  2. Claims must be lodged within four (4) months after a written claim is submitted.

Termination

  1. The Company may terminate the Agreement if the Customer fails to fulfill obligations.
  2. Termination is possible in case of Customer’s insolvency, cessation of work, or inability to fulfill obligations.

Right of Withdrawal

  1. The Consumer has the right to withdraw within 14 days.
  2. Withdrawal period starts after receiving the Products.

Obligations Consumer

  1. The Consumer shall handle Products with due care during the withdrawal period.
  2. The Consumer is liable for diminished value exceeding reasonable handling.

Exercising the Right of Withdrawal

  1. The Consumer informs the Company in writing within the withdrawal period.
  2. The Consumer bears the costs of returning the Products.

Exclusion of the Right of Withdrawal

  1. The Right of Withdrawal does not apply in specific cases outlined in the Terms and Conditions.

Liability and Insurance

  1. The Company’s liability is limited to the amount paid out by the insurer.
  2. 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

  1. Force majeure includes various events preventing performance.
  2. Company may suspend or terminate the Agreement without compensation in case of force majeure.

Confidentiality

  1. Both Parties are bound not to disclose confidential information acquired from each other.
  2. Exceptions apply if compelled by law or court order.

Intellectual Property Rights

  1. All intellectual and industrial property rights to Products and Services are vested in the Company.
  2. Customer must cooperate in transferring relevant rights if not vested in the Company.

Applicable Law and Competent Court

  1. All Agreements are exclusively governed by Dutch law.
  2. Disputes are submitted to the competent court in The Netherlands for Consumers and to Rechtbank Overijssel for other Customers.