1. General
1.1
These General Terms and Conditions apply to all offers of
Merchandise&Entertainment. The conditions are accessible to everyone
and included on the website of Merchandise & Entertainment. Upon
request, we will send you a written copy.
1.2
By placing an order, you indicate that you agree to the terms and
conditions of delivery and payment. Merchandise & Entertainment
reserves the right to its delivery and / or payment after the expiry of
the term to change.
1.3
Merchandise&Entertainment guarantees that the delivered product
complies with the Agreement and meets the specifications stated in the
offer.
2. Delivery
2.1 Delivery takes place as long as stocks last.
2.2
The delivery time is in most cases 1-2 working days (excluding
pre-orders). Merchandise&Entertainment will agree a delivery period
of up to 30 days. If the agreed delivery period is exceeded for any
reason whatsoever, the buyer will be entitled to dissolve the agreement
and any payments made will be refunded to the buyer within 14 days.
2.3 All terms mentioned on the website are indicative. Therefore, no rights can be derived from the terms mentioned.
3. Prices
3.1
Prices are not increased within the duration of the offer, unless legal
measures make this necessary or if the manufacturer carries out interim
price increases.
3.2 All prices on
the site are subject to printing and typesetting errors. No liability is
accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in EURO's and include 6 or 21% VAT.
4. Visibility period/right of withdrawal
4.1
In the event of a consumer purchase, in accordance with the Distance
Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the
right to return (part of) the delivered goods within a period of 14
working days without giving a reason. This period begins when the
ordered goods have been delivered. If the customer has not returned the
delivered goods to Merchandise&Entertainment after this period has
expired, the purchase will be a fact. Before returning the goods, the
customer must notify Merchandise&Entertainment in writing within 14
working days after delivery. The customer must prove that the delivered
goods were returned on time, for example by means of proof of postal
delivery. Goods must be returned in their original packaging (including
accessories and accompanying documentation) and in new condition. If the
goods have been used, encumbered or damaged in any way at the
customer's premises, the right to dissolve the contract within the
meaning of this paragraph shall lapse. With due observance of the
provisions of the previous sentence, Merchandise&Entertainment will
ensure that within 30 days after proper receipt of the return shipment,
the full purchase amount, including the calculated shipping costs, will
be refunded to the customer. The return of the delivered goods will be
entirely at the expense and risk of the customer.
5. Data management
5.1
If you place an order with Merchandise & Entertainment, your
information will be included in the customer database of Merchandise
& Entertainment. Merchandise&Entertainment adheres to the Data
Protection Act and will not provide your information to third parties.
5.2
Merchandise&Entertainment respects the privacy of users of the
website and ensures that your personal information is treated
confidentially.
5.3
Merchandise&Entertainment uses a mailing list in some cases. Each
mailing contains instructions on how to remove yourself from this list.
6. Warranty
6.1
Merchandise&Entertainment guarantees that the products supplied by
her meet the requirements of usability, reliability and longevity as
these by parties to the purchase agreement in reasonableness are
intended, and is therefore responsible for the manufacturer's warranty
of the product supplied to you.
7. Quotations
7.1 Quotations are without obligation, unless otherwise stated in the quotation.
7.2
If the Buyer accepts an offer without obligation,
Merchandise&Entertainment reserves the right to revoke or deviate
from the offer within three working days of receipt of that acceptance.
7.3
Verbal commitments will only be binding on
Merchandise&Entertainment after they have been expressly confirmed
in writing.
8. Agreement
8.1
An agreement between Merchandise&Entertainment and a customer is
concluded after an order assignment has been assessed by
Merchandise&Entertainment for feasibility.
8.2
Merchandise&Entertainment reserves the right, without giving
reasons, not to accept orders or assignments or to accept them only
under the condition that the shipment is made cash on delivery or after
payment in advance.
9. Images and specifications
9.1
All images; photos, drawings etc.; a.o. data concerning weights,
dimensions, colours, images of labels, etc. on the internet sites of
Merchandise&Entertainment are only approximate, are indicative and
can not be a reason for compensation or dissolution of the agreement.
10. Force majeure
10.1
Merchandise & Entertainment is not liable if and insofar as its
obligations can not be met as a result of force majeure.
10.2
Force majeure is understood to mean any strange cause, as well as any
circumstance that should not reasonably be at its risk. Delays at or
failure to perform by our suppliers, feed difficulties, strikes,
government measures, delays in supply, negligence on the part of
suppliers and/or manufacturers of Merchandise&Entertainment. as well
as on the part of auxiliary persons, sickness of personnel, defects in
auxiliary or transport equipment are expressly regarded as force
majeure.
10.3 In the event of force
majeure, Merchandise&Entertainment 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 amended in
such a way that performance remains possible. In no event is Merchandise
& Entertainment obliged to pay any penalty or damages.
11. Applicable law/competent court
11.1 On all agreements the Dutch law is applicable.
11.2
Disputes arising from an agreement between
Merchandise&Entertainment and the Purchaser, which cannot be
resolved by mutual agreement, will be heard by the competent court
within the district of Zwolle, unless Merchandise&Entertainment
prefers to submit the difference to the competent court of the
Purchaser's domicile, with the exception of those disputes that fall
within the jurisdiction of the subdistrict court.