Terms & Conditions

GENERAL TERMS AND CONDITIONS ONLINE SALES (B2C)

Article 1: Definitions

1. The other party of the seller in these general conditions is referred to as buyer.
2. The parties are the seller and the buyer together.
3. Agreement means the purchase agreement between the parties.

Article 2: Applicability of general terms and conditions

1. These terms and conditions shall apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the Seller.
2. Deviation from these terms and conditions is only possible if this has been explicitly agreed in writing by the parties.

Article 3: Payment

1. The full purchase price is always paid in the store. For reservations, in some cases a deposit is expected. In that case the buyer will receive a proof of the reservation and the advance payment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, then the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
3. If the Buyer remains in default, the Seller shall proceed to collect the debt. The costs related to such collection shall be borne by the Purchaser. These collection costs will be calculated in accordance with the Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
4. In case of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the claims of Seller on the buyer are immediately due and payable.
5. If the Buyer refuses to cooperate in the execution of the order by the Seller, he will still be obliged to pay the agreed price to the Seller.
6. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an agreement between you and Camel Digital Trade Ltd at Agiou Andreou, 302Flat/Office A3035, Limassol, Cyprus. 
7. These Terms shall be governed by the laws of Cyprus, without regardtoits conflict of laws rules or principles.

Article 4: Offers, quotations and price

1. Offers are without obligation, unless the offer states a period for acceptance. If the offer is not accepted within that period, the offer expires.
2. Delivery times in quotations are indicative and, if exceeded, will not entitle the Purchaser to dissolution or damages, unless the parties have expressly agreed otherwise in writing.
3. Offers and quotations do not apply automatically to repeat orders. The parties must agree to this explicitly and in writing.
4. The price mentioned in offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.

Article 5: Right of withdrawal

1. After receiving the order, the consumer has the right to dissolve the agreement within 14 days without giving reasons (right of withdrawal). The period starts from the moment the (complete) order is received by the consumer.
2. There is no right of withdrawal if the products are custom-made according to his specifications or have a short shelf life.
3. The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately after the buyer's request.
4. During the cooling-off period the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he uses his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and - if reasonably possible - in the original shipping packaging to the Vendor, in accordance with the reasonable and clear instructions provided by the Vendor.

Article 6: Modification of the agreement

1. If, during the execution of the agreement, it appears that for a proper execution of the assignment it is necessary to modify or supplement the activities to be carried out, the parties shall, in a timely manner and in mutual consultation, adapt the agreement accordingly.
2. If the parties agree that the agreement will be amended or supplemented, this may affect the time of completion of the execution. The Seller shall inform the Buyer of this as soon as possible.
3. If the change or supplement to the agreement has financial and/or qualitative consequences, Seller shall inform Buyer thereof in writing in advance.
4. If the parties have agreed a fixed price, the Seller shall also indicate the extent to which the amendment or supplement to the Agreement will result in an increase in that price.
5. Contrary to the provisions of the third paragraph of this article, the Seller cannot charge any additional costs if the change or supplement is the result of circumstances that can be attributed to him.

Article 7: Completion and transfer of risk

1. As soon as the Purchaser has taken delivery of the purchased item, the risk will pass from the Vendor to the Purchaser.

Article 8: Examination, complaints

1. The Purchaser shall be obliged to inspect the goods delivered or have them inspected at the time of delivery or transfer, but in any case within as short a period as possible. In so doing, the Purchaser must examine whether the quality and quantity of the goods delivered correspond to what the parties have agreed, or at least whether the quality and quantity meet the requirements applicable to them in normal (business) transactions.
2. Complaints relating to damage, shortages or loss of goods delivered must be submitted in writing to the Seller by the Buyer within 10 working days of the date of delivery of the goods.
3. If the complaint is declared well-founded within the prescribed period, the Seller will be entitled either to repair or redeliver, or to cancel the delivery and send the Buyer a credit note for that part of the purchase price.
4. The Seller cannot be held responsible for minor deviations and/or deviations customary in the industry and differences in quality, number, size or finish.
5. Complaints with regard to a certain product will not affect other products or parts belonging to the same agreement.
6. After processing of the goods at buyer's premises, no complaints will be accepted.

Article 9: Samples and Models

1. If a sample or model has been shown or provided to the Purchaser, it is assumed to have been provided as an indication only, without the item to be delivered having to correspond to it. This shall not apply if the parties have expressly agreed that the good to be delivered shall correspond to it.
2. In the case of contracts relating to immovable property, reference to the surface area or other measurements and indications are also presumed to be intended only as an indication, without the good to be delivered having to correspond to it.

Article 10: Delivery

1. Delivery shall be made 'ex works/store/warehouse'. This means that all costs are for the buyer.
2. The Purchaser shall be obliged to accept the goods at the moment that the Vendor delivers them or has them delivered to him, or at the moment at which these goods are made available to him in accordance with the Agreement.
3. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the Seller shall be entitled to store the goods at the Buyer's expense and risk.
4. If the goods are delivered, Seller shall be entitled to charge any delivery costs.
5. If Seller requires information from Buyer for the execution of the Agreement, the delivery period shall commence after Buyer has made such information available to Seller.
6. A delivery period given by Seller is indicative. It is never a deadline. If the term is exceeded the buyer must give the seller written notice of default.
7. Seller is entitled to deliver the goods in parts, unless parties have agreed otherwise in writing or partial delivery has no independent value. The Vendor is entitled to invoice these parts separately in the case of delivery in parts.

Article 11: Force majeure

1. If the Vendor cannot fulfil his obligations under the contract or cannot do so in time or properly due to force majeure, he shall not be liable for any damage suffered by the Purchaser.
2. The parties shall in any case understand force majeure to mean any circumstance which the Vendor could not take into account at the time of concluding the contract and as a result of which the Purchaser cannot reasonably be expected to carry out the normal performance of the contract, such as illness, war or threat of war, civil war and riots, acts of war, sabotage, terrorism, energy failure, flooding, earthquake, fire, sit-down strikes, workers' exclusion, amended government measures, transport difficulties and other disruptions in the Vendor's business.
3. The parties also understand force majeure to mean the circumstance that suppliers on whom the seller depends for the execution of the agreement do not fulfil their contractual obligations towards the seller, unless this is attributable to the seller.
4. If a situation as referred to above arises as a result of which vendor is unable to meet its obligations vis-à-vis purchaser, these obligations shall be suspended for as long as vendor is unable to meet its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties shall be entitled to dissolve the contract in whole or in part in writing.
5. If the force majeure continues for more than three months, the buyer will be entitled to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 12: Transfer of rights

1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision is considered a clause with effect under property law as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Article 13: Retention of title and right of retention

1. The goods present at the Seller's premises and the goods and parts delivered shall remain the Seller's property until the Purchaser has paid the agreed price in full. Until that time the Seller may invoke its retention of title and take back the goods.
2. If the agreed amounts to be paid in advance are not paid or not paid on time, the Seller is entitled to suspend the work until the agreed part is paid. This shall be regarded as default on the part of the creditor. In that case a delayed delivery cannot be held against the Seller.
3. The Seller shall not be entitled to pledge or otherwise encumber goods subject to its retention of title.
4. The Seller undertakes to insure the goods delivered to the Buyer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection on demand.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, the Seller has the right of retention. The item will then not be delivered until the Buyer has paid in full and in accordance with the agreement.
6. In case of liquidation, insolvency or suspension of payment of purchaser the obligations of purchaser are immediately due and payable.

Article 14: Liability

1. Any liability for damage arising from or related to the execution of an agreement shall always be limited to the amount paid out in the case in question by the liability insurance policy or policies taken out. This amount shall be increased by the amount of the excess under the relevant policy.
2. The Seller's liability for damage resulting from intent or deliberate recklessness on the part of the Seller or its managing subordinates is not excluded.

Article 15: Duty to complain

1. The Purchaser is obliged to report complaints about the work carried out to the Seller immediately. The complaint must contain as detailed a description as possible of the shortcoming, so that the Vendor is able to respond adequately.
2. If a complaint is well-founded, the Seller is obliged to repair and, if necessary, replace the goods.

Article 16: Guarantees

1. If guarantees are included in the contract, the following applies. The Seller warrants that the goods sold are in conformity with the contract, that they will function without defects and that they are suitable for the use the Purchaser intends to make of them. This warranty applies for a period of six calendar months after receipt of the sold items by Seller.
2. The aforementioned warranty is intended to create a risk distribution between the Seller and the Buyer such that the consequences of a breach of a warranty will always be entirely at the Seller's expense and risk and that the Seller can never invoke Section 6:75 of the Dutch Civil Code in respect of a breach of a warranty. The provisions of the previous sentence also apply if the Buyer was aware or could have been aware of the breach by conducting an investigation.
3. The said warranty shall not apply if the defect is the result of injudicious or improper use or if - without permission - Buyer or third parties have made changes or tried to make changes or have used the purchased item for purposes for which it is not intended.
4. If the guarantee provided by the Vendor relates to a good produced by a third party, the guarantee is limited to that provided by the manufacturer.

Article 17: Applicable lawand competent court

1. Any agreement between the parties is exclusively governed by Dutch law.
2. The Dutch court in the district where Manoey Lifestyle is located / has its office is exclusively competent to hear any dispute between parties, unless the law requires otherwise.
3. The applicability of the Vienna Sales Convention is excluded.
4. If in a legal proceeding one or more provisions of these terms and conditions are considered unreasonably onerous, then the other provisions remain in full force.