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Terms (Villkor)

Terms and Conditions

Terms and conditions which apply for transactions between INTERNET MEDIA and the individual consumer

Article 1. Definitions

1. These terms and conditions include the following terms in their defined meaning, unless a different meaning is explicitly mentioned.

INTERNET MEDIA: the user of these terms and conditions, a tradename of INTERNET MEDIA, located ins-Heerenberg, with place of business in 7041 GB, Ulenpasweg 2F2.

Client: the individual consumer who is the counterparty of INTERNET MEDIA

Agreement: the agreement on remotely buying through the website INTERNET MEDIA

Article 2. Applicability

1. These conditions apply for every offer, order or Agreement between INTERNET MEDIA and a Client on which INTERNET MEDIA has declared these conditions upon.

2. The present conditions are also applicable on all Agreements with INTERNET MEDIA, for the execution with which a third party is to be involved.

3. Any deviations on these terms and conditions are only valid in case these are explicitly agreed upon through means of written correspondence.

4. In the case that one or more of these definitions from these terms and conditions are to be invalid or removed, the other definitions of these terms and conditions will remain fully functional.

5. INTERNET MEDIA reserves the right to modify these conditions as well as the content of her website. This version is valid per 09-25-2008.

Article 3. Offers

1. All offers and price depictions on INTERNET MEDIA’s website re are only an invitation towards the public for making an offer.

2. INTERNET MEDIA takes utmost care for providing corrent prices and specifications on her website, but cannot be held responsible for the correctness of those factors. INTERNET MEDIA is not obligated to fulfill an order which is based on incorrect information from the website. This is also the case in subsequency, when the product is already delivered. When, before or after the delivery of the order, it is found out that the website depicts or has depicted  an incorrect product description or picture, an incorrect mentioning of the quantities of the product (5-pack, 20-pack), title, specifications or price, then INTERNET MEDIA reserves the right to withhold from fulfilling the order, to take back the product fully or in part, or in the case of incorrect mentioned quantities: the withholding of delivering the remaining incorrect numbers. The client will receive their paid amount on his or her bank account.

3. Offers on scanners are without inclusion of the regulatory REPROBEL. The REPROBEL however will appear on the invoice. In the case that no reprobel is included on your invoice a subsequent calculation will follow.

Article 4. Order and establishment of Agreement

1. The client places an order by fully completing the order process on the website which includes filling in the order form. Subsequently after sending the order by the client, the client will receive an automatically generated email. This email can only be considered being a notice to the Client that the order has been correctly received by INTERNET MEDIA.

2. The Agreement will be established when INTERNET MEDIA confirms through a second email to the Client that the order has been accepted and will be be processed. INTERNET MEDIA will send this confirmation as soon as possible after receiving the order.

3. INTERNET MEDIA reserves the right to cancel an order or to ask for additional information without providing any reason.

4. Some of the products can be offered while being subjected to age restrictions. By ordering these products, the client agrees to have the required age for the purchase of the product.

Article 5. Prices and promotional prices

1. All prices mentioned on the website are in Euro en are shown with and without VAT added. Included in the prices are the regulatory waste disposal fees (formerly disposal fee); shipping costs are excluded. All additional costs like order and shipping costs are clearly mentioned in the order process.

2. Should any cost-increasing situations occur, between the time of accepting the Agreement and the shipping of the product, then INTERNET MEDIA is authorized to adjust the price that was originally agreed upon. At that time the client has the possibility to renounce the order.

3. In case of obvious misprints, typesetting errors or errors in depiction of pricings, INTERNET MEDIA can never be held responsible for this.

4. The promotional prices which are displaced on the website are only valid for a later-determined period of time, while stock lasts. There can be made no claims on the promotional price, before or after a certain period, when the product is out of stock or when INTERNET MEDIA can’t purchase the product within the promotional period. When the promotional price of INTERNET MEDIA is based on a temporary promotional price by a supplier, then one can only claim this offer as long as INTERNET MEDIA is actually able to offer the product at the promotional price as offered by her supplier.

Article 6. Images

1. All images and models depicted on the website are only an impression of the product. Small differences between the images and the actual product  in terms of color, ratio or design cannot lead to the non-conformity of the product.

Article 7. Cancellation

1. Cancelling the order is possible, free of costs, up until the moment the ordered product is shipped. Information about the time of shipping can be found at our helpdesk, at 02-5340625.

2. The request for cancellation can be done exclusively using the cancellation form on the website.

3. It is not possible to cancel an order on which the 8-day trial period is not applicable.

4. When the client is still being offered the product after having cancelled the order for whatever reason, client should refuse accepting the product. When the Client accepts the product however, it is assumed that the request for cancellation is being revoked. The client still has the possibility to return the product in compliance with article 8 of these terms and conditions. The costs of the return are in that case for the client. The return address will, depending on brand and product category, be disclosed to client after applying for the return. Client agrees with returning the product to an address within the Benelux. In case of a cancellation, a voucher will be initially offered. The client also has the option to choose for having the purchase sum refunded on his or her bank account. This can be returned by email.

Article 8. Trial period

1. The client has the right to return the product within 14 business days after receiving the product, without any reason given. The sum paid by the Client will be credited within 30 days. When returning, the product should be undamaged, complete, unused and boxed in the original packaging. The costs for the return shipment are for the Client. The client should follow the RMA procedure for returns within the trial period. The return address will, depending on brand and product category, be disclosed to client after applying for the return. Client agrees with returning the product to an address within the BeNeLux. Client can also opt for having the product picked up, for a fee of EUR 30 excluding VAT.

2. The client is exclusively authorized to take the product out of the packaging if and insofar this is essential for getting a good impression of the product. If this is the case, then the Client should, if possible, open the packaging without damaging it.

3. When the product’s usability is, for the client, dependant on other appliances that are already in his possession, he is deemed to make sure that the ordered product indeed meets the specifications that match his wishes.

4. When the product is damaged, incomplete or has been used, INTERNET MEDIA reserves the right to offset the suffered damage with the purchase sum that is to be returned. Also, INTERNET MEDIA has the right to refuse a shipment alltogether.

5. Damages to the packaging can also cause commercial damage to INTERNET MEDIA. When the client disobeyes the regulations from section 2 and 3 of this article, then INTERNET MEDIA has the right to offset the suffered damage with the purchase sum that is to be returned.

6. When the ordered product shows a defect that only revealed itself through actual use of the product, the client does not have the right to send back the product according to section 1 of this article. In that case, the RMA procedure of non-conformity should be followed (article 11).

7. There is no right to return the product according to section 1 of this article when the product:

- is made according to the specifications desired by the Client;

- is clearly personal of nature;

- is an audio or video recording or computer software of which the Client has broken the seal;

Article 9. Payment

1. Payment can occur through the website and via the payment methods mentioned in the order procedure. INTERNET MEDIA can pose additional terms with the different payment methods.

2. Paying on credit is only possible in exceptional cases, under conditions that INTERNET MEDIA will prepare subsequently.

3. In the case that Client does not pay in time, Client is faulty without the requirement of a following notice of default. The legal interest is in that case owed by the client to INTERNET MEDIA, from the day of expiry onward. In addition, when Client fails to pay in time, he is obligated to reimburse INTERNET MEDIA for all reasonable costs that were made for collection of the sum (being judicial as well as non-judicial), among which the costs for lawyers, bailiffs and collection agencies.

 

Article 10. Shipping and delivery times

1. INTERNET MEDIA will do its best efforts to meet the delivery times as mentioned on the website, order forms and the order confirmations. These delivery times are however indicative. Exceeding the delivery times does not mean INTERNET MEDIA is in default. INTERNET MEDIA cannot be held responsible for damage caused by exceeding the delivery times.

2. Unless a longer time of delivery has been explicitly agreed upon, the delivery will take place after a maximum of 30 days after the confirmation of the acceptance by INTERNET MEDIA. In the case that the delivery encounters delay, either by (temporary) unavailability or by another reason, or in the case when an order can not be processed, or only in part, Client will receive notice of this within a maximum of 30 days after acceptance of the order.

3. When Client chooses for payment via bank/giro transfer, or by credit card, the time of delivery starts at the time the funds are at INTERNET MEDIA’s disposal.

4. INTERNET MEDIA determines the method of transport, shipping, packaging and suchlike.

5. The Client’s home address which was last known to INTERNET MEDIA applies as the shipping address, unless otherwise agreed upon.

6. INTERNET MEDIA ships within the Belgian borders. The costs that are related to refunding any made payments will be recovered from the person who has placed the order. With credit card payments and international bank transfers these costs are fixated on 10% of the paid sum.

Article 11. Non-conformity, manufacturer warranty and RMA

1. INTERNET MEDIA guarantees that the products comply to the specifications mentioned in the offer, to the reasonable requirements of soundness and usability and do not conflict with the legal determinations or safety regulations that are in effect on the date of making the agreement.

2. The Client should inform INTERNET MEDIA within reasonable time, but in all cases within 2 months, when the delivered product is in his opinion faulty or damaged, or when different, different-types or different quantities have been shipped then he has ordered. In these cases, the Client should at all times follow the RMA procedure for reclamations. The Client can only make such a notification by fully completing the RMA procedure.

3. When the delivered product comes with manufacturer warranty, Client should turn to this first before contacting INTERNET MEDIA. INTERNET MEDIA will inform Client optimally and will be helpful with effectuating the manufacturer warranty. The duration of the manufacturer warranty commences on the date depicted on the packing note.

4. Client is not allowed to return products to INTERNET MEDIA without instructions from INTERNET MEDIA. The extra costs INTERNET MEDIA has to make in this case in order to perform a correct settling of the warranty will be recovered from the Client.

5. A reclamation according to this article will not be approved when the default is caused by incorrect, careless or incompetent usage, usage for other than normal purposes, external causes like fire and water damage, by incorrect reparation or maintenance by third parties or when defects are caused by software or configuration problems.

6. When a reclamation has not been approved, or when the product shows no defaults, Client will be informed of this as soon as possible. INTERNET MEDIA has, in that case, the right to charge €25,- for processing costs, or in case these are higher, the actual costs. When in this case the Client nevertheless wishes to have the product repaired, the costs of this will be charged according to the customary rates.

Article 12. Ownership

1. The ownership will only transfer at the moment when Client has paid to INTERNET MEDIA all that is due, based on any agreement made with INTERNET MEDIA. The Product risk transfers to the Recipient at the moment of delivery.

2. As long as the obligations to INTERNET MEDIA have not been fully fulfilled, Client is obligated to careful treatment of the products and does not have the right to pawn or charge the goods.

Article 13. Force majeure

1. Parties do not have to keep to any obligation, when they are hindered through cause of any condition that is not due to fault, nor according to law, judicial process or in traffic effective conceptions for their account.

2. Force majeure is in these terms and conditions considered to be - additionally to how it is interpreted by law and jurisprudence, all external causes, expected or unexpected, on which INTERNET MEDIA cannot pose an influence on, though where INTERNET MEDIA is not capable of fulfilling its obligations. Labor strikes in INTERNET MEDIA from INTERNET MEDIA is considered to be included in this.

3. Parties can, during the period in which the force majeure continues, postpone the obligations made in the Agreement. In case this period lasts longer than one month both parties have the right to terminate the Agreement, without obligation to any suffered damage to the other party.

Article 14. Privacy

1. INTERNET MEDIA respects its website’s visitors’ privacy and the Client, and ensures the safe treatment of personal information. INTERNET MEDIA collects the Client’s data on a secure server in a database. The data in this databank, given by the Client, is exclusively used for the processing of the order and for sending personalized offers to the Client, unless the Client gave permission to treat the data otherwise. Data will not be supplied to third parties.

2. In the case that the Client does not wish to receive personalized offers by INTERNET MEDIA, he has the right to unsubscribe from this feature.

Article 15. Intellectual property

1. The Client will, fully and unconditionally, respect all intellectual and industrial property rights that are applicable to products delivered by INTERNET MEDIA.

2. The Client acknowledges explicitly that all rights of intellectual property of displayed information, notices or other utterances in relation to the products or in relation to the internet web site are owned by INTERNET MEDIA, her suppliers or other rightholders.