TERMS AND CONDITIONS
1. Definitions
1.1 ISALORI, located in (1043AG) Amsterdam at Oderweg 1 Unit 2920, Chamber of Commerce: 42001462, VAT identification number: NL005425178B70, info@isalori.com
1.2 Consumer-customer: the natural person, not acting in the exercise of a profession or business, to whom ISALORI supplies or sells goods, and their representative(s), authorized person(s), legal successors and/or heirs.
1.3 Customer: the natural person and/or legal entity, acting in the exercise of a profession or business, to whom ISALORI supplies or sells goods and/or provides services, and their representative(s), authorized person(s), legal successors and/or heirs.
1.4 Agreement: the agreement concluded between ISALORI and Consumer-customer and/or Customer concerning the sale or delivery of goods and/or the provision of services to which these general terms and conditions apply.
PART I
Unless otherwise stipulated, the provisions of this PART I of these general terms and conditions apply to both Agreements with Customers and Agreements with Consumer-customers.
2. General
2.1 These general terms and conditions apply to all offers, quotations, legal relationships and agreements of and/or with ISALORI.
2.2 By placing an order, the Consumer-customer and/or Customer indicates agreement with the general terms and conditions.
2.3 All offers and/or quotations from ISALORI are without obligation, unless ISALORI has explicitly indicated otherwise in writing.
2.4 All images, specifications and/or data in offers and/or quotations from ISALORI are an indication and cannot give rise to compensation or dissolution of the Agreement.
2.5 Offers and/or quotations from ISALORI do not automatically apply to repeat orders.
2.6 ISALORI reserves the right to correct obvious errors and/or mistakes in offers and/or quotations. No liability is accepted for the consequences of errors. ISALORI cannot be held to its offer if the Consumer-customer and/or Customer should have understood that the offer and/or quotation, or a part thereof, contained an obvious error or mistake.
2.7 Deviations from and additions to these general terms and conditions are only valid if they have been expressly agreed upon in writing.
2.8 Any subsequent additional (oral) agreements and/or commitments made by or on behalf of ISALORI are only binding if expressly confirmed in writing by ISALORI.
2.9 The applicability of any conditions used by the Consumer-customer and/or Customer is hereby expressly rejected.
2.10 If any provision of these general terms and conditions is void or nullified, the remaining provisions of these general terms and conditions will remain fully and unimpaired in force.
2.11 If the Consumer-customer and/or Customer consists of more than one (legal) person, each of these (legal) persons is jointly and severally liable to ISALORI for the obligations arising from the Agreement.
2.12 ISALORI has the right to amend and/or supplement these general terms and conditions.
2.13 Without written permission from ISALORI, the Consumer-customer and/or Customer is not entitled to transfer any right or obligation under the Agreement to third parties.
3. Conclusion of Agreement
3.1 Subject to the provisions of articles 3.3 and 3.4 of these general terms and conditions, the Agreement is concluded by written confirmation by ISALORI of the acceptance of the offer by the Consumer-customer and/or Customer.
3.2 If the Consumer-customer and/or Customer has accepted ISALORI's offer electronically, ISALORI will confirm the acceptance of the offer by the Consumer-customer and/or Customer electronically.
3.3 ISALORI reserves the right to refuse the conclusion of the Agreement within a period of 5 working days after receipt of acceptance by the Consumer-customer and/or Customer without stating reasons, or to accept it only on the condition that the shipment takes place cash on delivery or after advance payment.
3.4 ISALORI is entitled to perform a check in case of an order where payment afterwards or a credit card is chosen. Based on this check, ISALORI can offer an alternative payment method or refuse the conclusion of the Agreement. For larger amounts, ISALORI may stipulate as a condition that the order be sent cash on delivery. In this case, ISALORI will pay the cash on delivery costs.
3.5 If the conclusion of the Agreement is refused by ISALORI on the basis of articles 3.3 and/or 3.4 of these general terms and conditions, the Consumer-customer and/or Customer cannot claim compensation.
3.6 Should ISALORI exercise its rights under articles 3.3 and/or 3.4 of these general terms and conditions while the order has already been paid, ISALORI will attempt to refund the payment via the payment method used by the Consumer-customer and/or Customer. If this is not possible, ISALORI will contact the Consumer-customer and/or Customer to refund the payment via another method.
3.7 ISALORI is entitled to execute the Agreement in different phases.
3.8 Every Agreement is entered into under the resolutive condition of sufficient availability of the relevant goods.
4. Prices
4.1 All stated prices are in Euro and include VAT.
4.2 All stated prices are exclusive of packaging, shipping or delivery costs, unless otherwise agreed in writing.
4.3 Prices will not be increased within the term of the offer, unless legal measures make this necessary or the manufacturer or supplier implements interim price increases.
5. Payment
5.1 ISALORI is entitled to invoice immediately after the Agreement with the Consumer-customer and/or Customer has been concluded.
5.2 Payment of (online) invoices must be made within 14 days of the invoice date in a manner indicated by ISALORI and according to the payment conditions indicated by ISALORI. If Klarna is chosen, Klarna's payment conditions will apply.
5.3 In the event of non-payment or late payment by the Consumer-customer and/or Customer, ISALORI has the right to dissolve the Agreement. In that case, the Consumer-customer and/or Customer cannot claim compensation.
5.4 The Customer is not entitled to set off or suspend a payment.
6. Delivery
6.1 ISALORI will proceed with the delivery of the purchased goods or services after the full invoice amount as well as the additional (shipping) costs have been paid by the Consumer-customer and/or Customer to ISALORI, unless otherwise agreed.
6.2 The place of delivery is the address that the Consumer-customer and/or Customer has made known to ISALORI.
6.3 The delivery times stated in the offers or on the ISALORI website are indicative. No rights can therefore be derived from the stated terms. ISALORI will execute accepted Agreements with a Consumer-customer expeditiously, but no later than within 30 days, unless a different delivery time has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the Consumer-customer will be notified of this no later than 30 days after placing the order. In that case, the Consumer-customer has the right to dissolve the Agreement free of charge.
6.4 The risk of damage and/or loss of goods rests with ISALORI until the moment of delivery to the Consumer-customer or their designated representative previously known to ISALORI, unless expressly agreed otherwise.
6.5 If the Agreement has been concluded with a Customer, delivery takes place ex warehouse. From the moment of delivery, the risk of damage and/or loss of goods rests with the Customer.
7. Warranty and complaints
7.1 The Consumer-customer and/or Customer is obliged to examine the delivered goods at the time of delivery. If it appears that the delivered item is incorrect, defective or incomplete, the Consumer-customer and/or Customer must (before returning it to ISALORI) immediately report these defects in writing to ISALORI. Any defects or incorrectly delivered goods must and can be reported to ISALORI in writing no later than 7 days after delivery. The return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Use after discovery of a defect, damage incurred after discovery of a defect, encumbrance and/or resale after discovery of a defect, renders this right to complain and return completely void.
7.2 If the Agreement has been concluded with a Customer, any visible defects must be reported to ISALORI in writing within 3 working days of delivery, failing which the right to complain will lapse.
7.3 ISALORI's warranty scheme and term correspond to the manufacturer's warranty period of the delivered goods. However, ISALORI is never responsible for the ultimate suitability of the delivered goods for each individual application by the Consumer-customer and/or Customer, nor for any advice regarding the use or application of the delivered goods.
7.4 If complaints from the Consumer-customer and/or Customer are found to be justified by ISALORI, ISALORI will, at its option, either replace the delivered goods free of charge or make a written settlement with the Consumer-customer and/or Customer regarding compensation, with the understanding that the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned. However, ISALORI is in all cases only liable within the limits of what is stipulated in article 11 of these general terms and conditions.
7.5 The warranty in article 7.4 expires if:
a) The Consumer-customer and/or Customer has repaired and/or modified the delivered goods themselves or has had them repaired and/or modified by third parties;
b) The delivered goods have been exposed to abnormal circumstances or have otherwise been treated carelessly or contrary to the instructions of ISALORI and/or treated on the packaging or labels;
c) The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
8. Returns
8.1 Returns of delivered goods are at the expense and risk of the Consumer-customer and/or Customer and are only permitted after written consent from ISALORI under the conditions to be set by it.
8.2 Wholly or partially processed goods, damaged goods and packaged goods, of which the packaging is missing, can never be returned.
9. Retention of Title
9.1 All goods delivered to the Consumer-customer and/or Customer remain the property of ISALORI until all amounts owed by the Consumer-customer and/or Customer for the goods delivered under the Agreement, as well as all amounts due to any default in payment obligations, have been fully paid to ISALORI.
9.2 As long as ownership of the delivered goods has not transferred to the Consumer-customer and/or Customer, the latter may not pledge the goods, transfer ownership, or grant any other right thereto to third parties.
9.3 The Customer is permitted to sell and deliver the goods delivered under retention of title to third parties within the scope of their normal business operations. The Customer is obliged to store the goods delivered under retention of title with due care and separately as identifiable property of ISALORI.
9.4 If the Customer fails to comply with the provisions of article 9.3 of these general terms and conditions, it is presumed that the available goods of the type delivered by ISALORI belong to ISALORI.
9.5 The Consumer-customer and/or Customer is obliged to insure the delivered goods for the duration of the reserved ownership against fire and explosion hazard, water damage, as well as against theft, the insurance policy of which can be requested and inspected by ISALORI upon first request.
10. Force majeure
10.1 In the event of force majeure, ISALORI is authorized to suspend the fulfillment of its obligation under the Agreement or a part thereof, and the Consumer-customer and/or Customer cannot claim performance or compensation.
10.2 Force majeure is understood to mean any external cause, as well as any circumstance, which cannot reasonably be attributed to its risk. Delays or non-performance by our suppliers, internet failures, electricity failures, e-mail traffic failures and failures or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of ISALORI as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly considered situations of force majeure.
10.3 In the event of force majeure, ISALORI reserves the right to suspend its obligations and is also entitled to dissolve the Agreement in whole or in part, or to demand that the content of the Agreement be changed in such a way that execution remains possible.
10.4 If, at the commencement of the force majeure, ISALORI has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately, and the customer is obliged to pay this invoice as if it concerned a separate Agreement. This does not apply, however, if the already delivered or deliverable part has no independent value.
11. Liability
11.1 The liability of ISALORI – as well as its representatives/proxies, employees and third parties engaged by ISALORI – is always limited to the amount paid out in the relevant case under ISALORI's applicable liability insurance, increased by the amount of the deductible that ISALORI is responsible for according to the applicable policy conditions. If for any reason whatsoever no payment should be made under the aforementioned insurance, any liability of ISALORI is always limited to the amount paid by the Consumer-customer and/or Customer to ISALORI with regard to the Agreement, or the part thereof, in connection with which the liability arose, up to a maximum of EUR 1,000.
11.2 ISALORI is never liable for indirect damage, including but not limited to consequential damage (to persons or property), business damage, lost profit or income, missed savings and/or damage due to business interruption.
12. Limitation/Expiry Periods
12.1 If the Agreement has been concluded with a Customer, the limitation period for all claims and defenses of the Customer against ISALORI, in deviation from the statutory limitation periods, is 3 months from the moment such claims and defenses arise. If the agreement has been concluded with a Consumer-customer, the aforementioned limitation period is 13 months.
13. Data Management
13.1 If a Consumer-customer and/or Customer places an order with ISALORI, his/her (personal) data will be included in ISALORI's customer database. ISALORI complies with the Personal Data Protection Act (Wbp) and does not provide personal data to third parties. See our Privacy Policy (https://www.isalori.com/privacy-and-cookies-policy/).
13.2 ISALORI respects the privacy of the users of the internet site and ensures confidential handling of personal data.
13.3 ISALORI uses a mailing list in some cases. Each mailing contains instructions on how to be removed from this list.
14. Applicable Law and Disputes
14.1 All Agreements to which these general terms and conditions apply in whole or in part are governed by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 1980 (Vienna Sales Convention/CISG) is expressly excluded.
14.2 All disputes related to or arising from this Agreement will be submitted to the competent court in Amsterdam, unless ISALORI prefers to submit the dispute to the competent court of the Consumer-customer's and/or Customer's place of residence.
PART II
The provisions of this PART II of these general terms and conditions apply only to Agreements with Consumer customers and are supplementary to the provisions of PART I of these general terms and conditions. In case of any incompatibility of a provision from this PART II with a provision from PART I, the relevant provision from PART II shall prevail.
15. Right of Withdrawal
15.1 If a Consumer customer has purchased an item or used a service from ISALORI via the internet, telephone or mail order, the following applies.
For delivery of products
15.2 When purchasing products, the Consumer customer has the option to dissolve the Agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the item by the Consumer customer or a representative previously designated by the Consumer customer and made known to ISALORI.
15.3 During the cooling-off period, the Consumer customer will handle the item and its packaging with care. They will only unpack or use the item to the extent necessary to assess whether they wish to keep the item. If they exercise their right of withdrawal, they will return the item with all delivered accessories and - if reasonably possible - in its original condition and packaging to ISALORI, in accordance with the reasonable instructions provided by ISALORI.
15.4 If the Consumer customer wishes to exercise their right of withdrawal, they are obliged to notify ISALORI within 14 days after receipt of the item. The Consumer customer must do this via the return platform or return form (Appendix 1). After the Consumer customer has notified their wish to exercise their right of withdrawal, they must return the item within 14 days. The Consumer customer must prove that the delivered items have been returned on time, for example by means of a shipping receipt.
15.5 If the Consumer customer has not expressed their wish to exercise their right of withdrawal after the 14-day cooling-off period, or has not returned the item to ISALORI, the purchase is irreversible.
15.6 The Consumer customer is liable for any diminished value of the item if the handling thereof goes beyond what is necessary to establish the nature, characteristics and functioning.
For delivery of services
15.7 For the delivery of services, the Consumer customer has the option to dissolve the Agreement without giving reasons for 14 days, starting on the day the Agreement is entered into. This no longer applies free of charge within 96 hours before delivery.
15.8 To exercise their right of withdrawal, the Consumer customer will follow the reasonable instructions provided by ISALORI regarding the offer and/or at the latest upon delivery.
Costs in case of withdrawal
15.9 If the Consumer customer exercises their right of withdrawal, the costs of return, both for purchase and for services, shall be borne entirely by them.
15.10 If the Consumer customer has paid an amount, ISALORI will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that ISALORI has already received the item.
15.11 ISALORI excludes the Consumer customer's right of withdrawal for items and services as described in paragraphs 1 and 2.
15.10.1: Products:
a) produced by ISALORI in accordance with the Consumer customer's specifications;
b) clearly personal in nature;
c) which cannot be returned due to their nature;
d) which can spoil quickly;
e) whose price fluctuates without ISALORI having influence over it;
f) for audio and video recordings and computer software of which the Consumer customer has broken the seal.
g) for hygienic products of which the Consumer customer has broken the seal.
15.10.2: Services:
a) such as rental of holiday accommodation, goods transport, car rental, leisure services, to be performed on a specific date or during a specific period;
b) whose delivery has started with the express consent of the Consumer customer before the 14-day cooling-off period has expired;
c) concerning bets and lotteries.
Model withdrawal/cancellation Consumer customer
Only fill in and return this form if you wish to cancel/withdraw from the Agreement.
To:
Isalori
Oderweg 1 Unit 2920
1043AG Amsterdam
info@isalori.com
I/We (*) hereby notify you that I/we (*) revoke/revoke (*) our agreement concerning the sale of the following goods/provision of the following service (*)
Ordered on (*)/Received on (*)
Name(s) of Consumer customer(s)
Address of Consumer customer(s)
Signature of Consumer customer(s)
Date
(*) Delete what is not applicable.