General terms and conditions of We Beat The Mountain B.V.
1. Applicability
2. Offers and agreements
3. Buy
4, Donations
5. Payment
6. Delivery and delivery time
7. Returning products
8. Dissolution
9. Ownership
10. Guarantees and liabilities
11. Force majeure
12. Intellectual property
13. Personal
14. Applicable law
15. Miscellaneous
1. Applicability
1.1. These terms and conditions apply to all offers and all agreements regarding We Beat The Mountain B.V.
1.2. In addition to these General Terms and Conditions, explicitly defined Additional Terms and Conditions may apply to certain services and/or products. Should there be deviations between the General Terms and Conditions and the Additional Terms and Conditions, the Additional Terms and Conditions will prevail over the General Terms and Conditions, unless explicitly stated otherwise.
1.3. If any provision of these terms and conditions are invalid or invalidated, the other provisions of these General Terms and Conditions will remain in full force and We Beat The Mountain B.V. and its contracting party will enter into consultation for the purpose of agreeing on new provisions to replace the invalid or invalidated provisions, where the objective and meaning of the invalid or invalidated provision are considered as much as possible.
1.4. Deviation of these General Terms & Conditions is only possible after explicit confirmation by We Beat The Mountain B.V. in writing, in which case the other provisions of these general terms and conditions will remain in full force.
1.5. The applicability of the general terms and conditions invoked by the contracting party is explicitly rejected, unless explicitly confirmed in writing by We Beat The Mountain B.V.
1.6. “Contracting party” is defined as every natural person or legal person with a contractual relationship with We Beat The Mountain B.V.
1.7. The website of We Beat The Mountain B.V. targets exclusively the global market.
1.8. We Beat The Mountain B.V. has the right to adjust these General Terms and Conditions from time to time.
1.9. By using the website of We Beat The Mountain B.V. and/or placing an order, the contracting party accepts these General Terms and Conditions as well as all other rights and duties stated on the website.
1.10. We Beat The Mountain B.V. is allowed to outsource activities to third parties when carrying out an agreement with the contracting party.
2. Offers
2.1. Offers or quotations should be regarded as an invitation to the potential buyer to make an offer. We Beat The Mountain B.V. is in no way bound such matters, unless explicitly confirmed in writing. Acceptation of the invitation by the potential buyer to make an offer counts as a valid offer and leads only to an agreement in case of fulfilment of the following aspects of this article.
2.2. Specific offers are valid as long as the stock permits.
2.3. An agreement, including any change or supplementation hereto, takes first binding effect for We Beat The Mountain B.V. when a order confirmation has been issued to the buyer, by e-mail or other means. This agreement can be revoked by We Beat The Mountain B.V. in case the buyer does not meet the requirements or has failed to do so in the past. In that case, We Beat The Mountain B.V. will report such findings to the buyer within ten (10) days after receiving the order.
2.4. Buyer and We Beat The Mountain B.V. explicitly agree that, when using electronically means of communication, a valid agreement comes into effect after meeting the requirements specified in article 2.3. In particular the lack of a written signature does not reduce the binding force of the offer and the acceptance thereof. In that case the electronic files of We Beat The Mountain B.V. count, as far as the law allows, as a presumption of proof.
2.5. Information, images, oral announcements, records, etc. regarding all offers and the most relevant characteristics of the products that are provided by telephone or e-mail are always as accurate as possible. We Beat The Mountain B.V. does not guarantee that all offers and products completely correspond to the provided information. Deviations can never lead to reimbursement or dissolution of the agreement.
3. Buy
3.1. All prices are expressed in Euros, in accordance with the legal regulations, and include Value Added Tax.
3.2. The buyer owes the price as defined by We Beat The Mountain B.V. in the order confirmation in accordance with article 2.3 of these General Terms and Conditions. Any (manipulation) errors in the quotation, such as evident flaws, can be corrected by We Beat The Mountain B.V., even after reaching the agreement.
3.3. Transportation costs will be separately mentioned on the website. Special rates apply for deliveries outside the Netherlands.
3.4. When the prices of the offered products and/or services have increased during the period between ordering and execution of the order, the buyer is entitled to cancel the order or dissolving the agreement within ten (10) days after announcement of the price increase by We Beat The Mountain B.V.
4. Donate
4.1. A donor is not entitled to regain the donation.
5. Payment
5.1. Orders through the web shop should be paid by 100% down payment. We Beat The Mountain B.V. can include other payment options in the future. Other payment options will be announced on the website.
5.2. In case We Beat The Mountain B.V. agreed on an alternative payment period, the expiration of this term automatically leads to the omission of the buyer. Alternative payment periods can only be agreed on in writing under special conditions.
5.3. Non-payment or untimely payment by the buyer leads to a due interest according to article 6:119 BW in case of consumer sale or to a due commercial interest according to article 6:119a BW in case of business sale, from the day that the payment should have taken place. In the aforementioned situation interest will be charged for the whole month regardless the day of non-payment or untimely payment.
5.4. The costs, both in and out of court, caused by non-fulfilment, late fulfilment or improper fulfilment of the obligations of the buyer, are for account of the buyer.
5.5. We Beat The Mountain B.V. is permitted, in case of untimely payment by the buyer, to directly dissolve the agreement or delay the delivery to the moment that the buyer has completed his payment duties, including the payment of due interest and other costs. In case of dissolution We Beat The Mountain B.V. will return the paid amount to the buyer within seven days after written notification of the dissolution.
6. Delivery and delivery times
6.1. Orders will be delivered as soon as possible after payment. We Beat The Mountain B.V. aims to send the products within three days after payment. The final delivery date is thirty (30) days after receiving the order, not including down payments, at which the final delivery date is thirty (30) days after receiving the payment. An agreed delivery time is always indicative and neither a deadline, nor can any rights be derived from exceeding the delivery time. We Beat The Mountain B.V. can announce information regarding delivery times on the website or by other written means. Such information is always indicative.
6.2. When the buyer orders a product that is temporarily not in stock, an indication of the day that the product will be available will be displayed. We Beat The Mountain B.V. aims at notifying any delays to the buyer within two (2) working days. When the buyer orders a product that is taken out of production, the agreement will be dissolved and the payment will be returned to the buyer within thirty (30) days after dissolution.
6.3. When the buyer orders a product that is taken out of production, the buyer will get the money back within thirty (30) days.
6.4. Deliveries will take place on the address as specified by the buyer during the realization of the agreement.
6.5. Immediately after the goods have been delivered, the buyer bears the risk for all direct and indirect damage that maybe caused to or by these goods or components. The buyer also bears the risks of transportation from the moment of delivery.
6.6. Different terms may apply to deliveries outside of The Netherlands.
7. Returning products
7.1. Upon delivery of the goods the buyer inspects the conditions of the goods. In case damage has been inflicted to the goods of materials, the buyer will take all possible provisions to obtain compensation from the transporter. Returning products is only possible in combination with an original invoice and original, complete, undamaged and unused products and packaging. The cash value of the delivered goods will be reimbursed.
8. Dissolution
8.1. The buyer is entitled to dissolve the agreement within seven (7) working days after delivery of the product, without penalty and without stating reasons, by returning the product to We Beat The Mountain B.V. The buyer can claim guarantee provisions only when the product and the packaging are in original, complete, undamaged and unused conditions. All sent documentation, proof of guarantee and packaging materials should be included in the return delivery.
8.2. We Beat The Mountain B.V. is never liable for any damage, theft or loss of the product or packaging during the return delivery.
8.3. The costs of the return delivery of the product are for the buyer.
8.4. In case the buyer exercised right to dissolve the agreement as mentioned in the previous articles, We Beat The Mountain B.V. will reimburse the cash value of the delivered goods to the buyer within thirty (30) days.
9. Ownership
9.1. The ownership of the goods, whether handled or unhandled, is transferred to the contracting party at the moment that the buyer pays We Beat The Mountain B.V. the full amount in pursuance of the agreement, including interest, costs and damages from products and/or services from this order, previous orders and future orders.
9.2. The buyer is not permitted to print or resell the products, even after the ownership of the goods have been transferred to the buyer.
10. Guarantees and liability
10.1. Guarantee provisions by We Beat The Mountain B.V. for the delivered goods are limited to the guarantee that is given to We Beat The Mountain B.V. by the supplier or manufacturer concerned.
10.2. We Beat The Mountain B.V. is never bound to financially compensate the buyer or other parties, unless the damage was caused by purpose or guilt. We Beat The Mountain B.V. is not liable for any indirect loss or damage incurred or damage regarding loss of income or profit.
10.3. In case We Beat The Mountain B.V. is obliged to financially compensate the buyer, the amount will always be limited to the invoice amount related to the product and/or service that caused the damage.
10.4. The guarantee of We Beat The Mountain B.V. does not apply if:
* the defects are (partly) the result of normal wear, injudicious or incorrect handling or use, injudicious or incorrect maintenance
* the product is employed for purposes other than normal purposes or used incorrectly
* the buyer or the end user does not strictly observe the operating instructions provided by We Beat The Mountain B.V.
* the original invoice is missing, modified, or made unreadable.
10.5. When the guarantee provisions are exercised, We Beat The Mountain B.V. is entitled to the next actions:
* delivery of the missing part(s);
* replace the delivered item by an article with equal specifications;
* repair the delivered item if in a reasonable time and if no impediment is caused by the repair or replacement. In that case the delivered item should be sent back to We Beat The Mountain B.V.;
* adjust the amount of the invoice;
* take back the delivered item and dissolve the agreement, while reimbursing the paid amount by the buyer, without being obliged to financially compensate the buyer for any damage.
In case of consumer sale We Beat The Mountain B.V. is obliged to exercise the first three actions mentioned above at first before exercise the last two actions mentioned above.
10.6. We Beat The Mountain B.V. is not liable for any claims resulting from third parties, unless the law strictly prohibits such damages and costs to be accounted to the buyer.
10.7. We Beat The Mountain B.V. can place links on its website referring to other websites, which could be interesting for a visitor. Such links are solely informative. We Beat The Mountain B.V. is not liable for the content of the linked websites or the usage thereof.
11. Force majeure
11.1. In case of force majeure, the agreement shall be suspended and each party shall be relieved of their respective obligations herein so long as any such condition shall exist.
11.2. In these terms and conditions, force majeure means any circumstance that is independent of the will of We Beat The Mountain B.V., even if this could have been foreseen when the agreement was entered into, which temporarily or permanently hinders the fulfilment of the agreement, including but not limited to war, a threat of war, civil war, riots, industrial actions, work member exclusion, transport difficulties, fire, days not worked because of unsuitable weather and other disruptions to the business of We Beat The Mountain B.V. or its suppliers.
12. Intellectual property
12.1. The buyer explicitly acknowledges that all intellectual or industrial property rights relating to the products to be delivered pursuant to the agreement and/or associated designs, documentation, reports, offers and associated preparatory material lie exclusively with We Beat The Mountain B.V., suppliers or other entitled parties.
12.2. Intellectual property rights include patents, copyrights, trademarks and other (intellectual property) rights, including technical and commercial know-how, methods and concepts.
12.3. The buyer is not allowed to modify any intellectual property rights as described in this article, for instance multiplication without explicit written approval from We Beat The Mountain B.V., its suppliers or other entitled parties.
13. Personal data
13.1. We Beat The Mountain B.V. will process the personal data of the buyer in accordance with her privacy statement, which is included in the website.
13.2. We Beat The Mountain B.V. fully respects the applicable laws and regulations regarding the processing of personal data.
14. Applicable law
14.1. Dutch law applies to the offers/agreement and further agreements, without regard to its conflict-of-law rules.
14.2. The applicability of the Vienna Sales Convention (CISG) is hereby waived and explicitly excluded.
14.3. All disputes, of whatever nature – including those that are only considered by one of the parties as such – which occur with reference to the offer/agreement and further agreements between the parties, are settled by the court in The Hague.
14.4. The Dutch version of these general terms and conditions prevails at all time in case of disputes with regard to the interpretation and purpose of these terms and conditions.
15. Miscellaneous
15.1. We Beat The Mountain B.V. resides at Utrecht and is registered at the Chamber of Commerce in The Hague under number32165119 . Please send all correspondence regarding these General Terms and Conditions to:
We Beat The Mountain B.V.
Goeman Borgesiuslaan 77
3515 ET Utrecht
The Netherlands
T: +31 30 753 1438
E: info@webeatthemountain.com
15.2. The We Beat The Mountain B.V. helpdesk is available for information on working days at the e-mail address mentioned on the website.
15.3. We Beat The Mountain B.V. aims to answer received e-mails within one working day.
General Terms and Conditions We Beat The Mountain B.V. March 30th 2010
We Beat The Mountain B.V.
Goeman Borgesiuslaan 77
3515 ET Utrecht
The Netherlands
T: +31 30 753 1438
