General Terms and Conditions
Article 1. Applicability
1.1All offers, orders and agreements from SKOR are subject to present General Terms and Conditions of Sale (hereinafter: Conditions) to the exclusion of any other general terms and conditions.
1.2 By placing an order with SKOR, you agree to present Conditions.
1.3 Present Conditions may only be deviated from in writing. In that case, all other stipulations in present Conditions shall remain valid.
1.4 All rights and claims acquired by SKOR in present Conditions and in any further agreements shall also apply in respect of any intermediaries and other third parties called in by SKOR.
Article 2. Offers/agreements
2.1 All offers from SKOR will be non-binding. SKOR will be entitled to alter prices, in particular when necessary on the basis of (statutory) regulations. (See also article 3.5.)
2.2 An agreement will only be established if SKOR has accepted your order. SKOR will be entitled to refuse orders, having provided arguments, or to impose special conditions on the delivery. If your order is not accepted, you will be duly notified within ten (10) working days.
Article 3. Prices and payments
3.1 The prices specified for the articles and services on offer are in euro, excluding VAT and excluding handling and transport costs, any taxes or other charges, unless otherwise stated or agreed in writing.
3.2 For orders with a delivery address in the Netherlands, you must pay the amount payable (without discount or compensation) within fourteen (14) days following the invoice date. For orders with a delivery address abroad, you must pay the amount payable within twenty-one (21) days following the invoice date, unless otherwise agreed in writing.
3.3 You may pay by making use of one of the payment methods offered during the ordering process. The payment methods are Ideal (Internet banking) or payment by invoice, or pre-payment by means of direct credit transfer.
In the event of payment by bank or giro, the date of payment will be the date of crediting of the giro or bank account of SKOR, respectively.
3.4 If you exceed the payment period, from the day that payment should have been made, you will be in default, and from that date will owe delay interest of 1% per month or part of a month on the outstanding amount. If your payment takes place following reminder by SKOR, you will owe an amount of twenty-two euro and sixty-nine euro cent (€22.69) for administration costs, and if SKOR outsources its claim for collection, you will also owe the collection costs. These collection costs will amount to at least fifteen percent (15%) of the outstanding amount, but SKOR reserves the right to demand the actually-accrued extrajudical collection costs.
3.5 If the prices of the articles and services rise in the period between the moment that you order and the implementation of the order by SKOR, you will be entitled to cancel the order or to dissolve the agreement within ten (10) days following notification of the price rise, by SKOR.
3.6 Transport costs webshop – 2009
Netherlands €4.80
European Union €7.20
R.O.W outside European Union See table
Article 4. Delivery
4.1 The delivery times stated on the website are indicative. You will receive your order with all reasonable urgency and at the latest within thirty (30) working days, unless otherwise indicated by SKOR. In the latter case, you will receive due notice in good time. Until the moment of delivery, you will then be entitled to dissolve the agreement, free of charge. Any exceeding of the delivery date will not grant you any right to compensation.
4.2 Delivery will take place at the moment that the articles are offered at the specified delivery address.
Article 5. Reservation of ownership
5.1 The ownership of the delivered articles will only be transferred once you have paid the amount payable. The risk for the articles will be transferred to you at the moment of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights to which the articles supplied by SKOR are subject.
6.2 SKOR will not guarantee that the articles delivered to you make no violation of any (unwritten) intellectual and/or industrial property right of third parties.
Article 7. Complaints and liability
7.1 Check the delivered articles immediately following receipt. Any shortcomings must be reported to SKOR at the latest within two (2) months following discovery, in writing and with supporting arguments.
7.2 If it is demonstrated that an article does not comply with the agreement, SKOR will be entitled to choose to replace the article upon its return with a new article, or to reimburse the invoice price plus the transport costs paid.
7.3 If you do not wish to keep an article for whatever reason, you will be entitled to return the article within seven (7) working days following delivery, to the SKOR Mail Order organisation (the return address appears on the accompanying packer’s note (Ladonkseweg 9, 5281 RN Boxtel)), and to dissolve the agreement. Return deliveries will in this case only be accepted if the packaging of the article is undamaged and the plastic seal has not been broken. If you had already paid for the article in question, the amount will be reimbursed to you at the latest within thirty (3) days, by SKOR. The direct costs for return transport will be for your account.
Article 8. Orders/communication
8.1 SKOR will not be liable for misunderstandings, damage, delays or incorrect transmission of your orders and notices as a consequence of the use of Internet or other means of communication between you and SKOR, or between SKOR and third parties except in the case of deliberate action or gross negligence on the part of SKOR.
Article 9. Miscellaneous
9.1 You may derive no rights from the fact that SKOR may apply present Conditions flexibly.
9.2 If one or more of the stipulations in present Conditions or any other agreement with SKOR is in contravention of any applicable statutory regulation, the stipulation in question will expire, and will be replaced by a new, comparable stipulation to be determined by SKOR.
9.3 In implementation of your order(s), SKOR may make use of third parties.
9.4 Without prejudice to the other rights accruing to SKOR, in the event of force majeure, SKOR will be entitled to suspend implementation of your order or to dissolve the agreement without judicial intervention, by simple written notification thereof, to you.
Article 10. Applicable law and competent court
10.1 Present Conditions and all rights, obligations, offers, orders and agreements subject to present Conditions are exclusively subject to Dutch law.
10.2 All disputes between the parties will exclusively be submitted to the competent court in the Netherlands.