These General Terms and Conditions are applicable to all orders
placed through "HollandbyMail.com". Please read them before ordering.
A. GENERAL PROVISIONS
The web site http://www.HollandbyMail.nl was conceived for "HollandbyMail.nl"
and all rights, titles and interests in the Site are the exclusive property of
"HollandbyMail.nl". Copying all or any parts of the Site is prohibited without
the prior permission from "HollandbyMail.nl".
B. PROVISIONS GOVERNING THE ISSUANCE OF ORDERS AND CONCLUSION OF CONTRACTS
Article 1. Acceptance of General Terms and Conditions
Once a user (the "Customer") has filled out the Site order form and confirmed
the order then this will result in the full and binding acceptance of these General Terms
and Conditions which will be the only terms applicable to the contract thereby entered
Article 2. Order confirmation and conclusion of contract
The Site contains at all times a commercial offering to sell certain Products, but this
shall not be construed as a legally binding permanent offer. Thus, as explained below, a
contract is only concluded when and if the order is confirmed by
"HollandbyMail.nl". Once the payment has been confirmed in accordance with
Article 3 of these General Terms and Conditions, the order is accepted by
"HollandbyMail.nl". "HollandbyMail.nl" will confirm the acceptance of
orders. "HollandbyMail.nl" reserves the right not to accept payment, and
therefore not to confirm, for whatever reason, any order, including but not limited to
reasons resulting from product supply, a problem with the order received, or a problem in
completing the delivery.
Article 3. General Obligations of the parties
3.1 Obligations of "HollandbyMail.nl" undertakes, once the order has been
accepted, to sell the products set forth on the order (the "Products") and to
deliver the Products ordered to the address indicated by the Customer. In relation to the
above, "HollandbyMail.nl" undertakes to place the Products with the carrier of
its choice not later than 5 working days after the order has been accepted.
3.2 Obligations of the Customer The Customer shall clearly indicate the address to which
the Products are to be delivered during business hours. The Customer undertakes to pay the
stated price for the "HollandbyMail.nl" Product delivery (price of the Products
plus transport), as well as to pay, or have paid, directly to the carrier any additional
amount that might arise due to custom duties, value added tax or other taxes due upon
import into the country where the Products are delivered.
Article 4. Specific Provisions
4.1 Price, Invoice The total price (the "Price") shown by
"HollandbyMail.nl" on the order is definitive. The Price includes: the price of
the Products, handling costs, packaging and transport. No custom duties or value added
taxes shall be due for deliveries in the European Union. The Price will be in US dollars,
any amounts stated in other currencies being only for the purposes of estimating the price
in another currency. Payment will only be accepted by Bank Credit Card. Debit cards like
Switch or VISA Electron will not be processed. Once the order has been accepted, the
Customer will be charged in US dollars or Euros. At the express demand of the Customer,
"HollandbyMail.nl" will issue an invoice. The Customer must indicate the address
where the invoice is to be sent.
4.2 Transport - Delivery - Delivery Schedule Unless the Customer has failed to make
payment for any reason, the Products will be delivered to the address indicated within a
period of four (4) to thirty days (only working days taken into account). The delivery
time given to the Customer by "HollandbyMail.nl" may vary depending on the
country involved. In case delivery is made and nobody is at the indicated address to
accept delivery, the carrier shall leave a note indicating that it was unsuccessful in
making the delivery and that the Customer should come to recover the Products at a
location specified by the carrier. "HollandbyMail.nl" will not, for any reason,
be held liable for any deterioration in the Products due to a Customer's failure to
collect the Products in a timely manner.
4.3 Transfer of Risk The transfer of risk of the Products takes place when
"HollandbyMail.nl" gives the Products to the carrier.
4.4 Qualification upon Receipt - No returns - Limited Rights to Reimbursement /
Replacement The Customer can only make a claim if the Products delivered do not conform
with the type or quantity ordered. The claim must be made in writing to the carrier at the
time of delivery. A copy must be sent to "HollandbyMail.nl" (e-mail or fax) no
later than twelve (12) hours after the claim was made. With the claim, the Customer shall
supply the carrier's confirmation of the validity of the Customer's claim. No returns of
Products will be accepted. If the above procedures are respected, and the claim is proven
to be valid due to the packaging and the Products being seriously damaged,
"HollandbyMail.nl" at their choice will either reimburse the Customer the Price
or replace the Products at HollandbyMail.nls expense. If the delivery is not in
conformity with the quantity ordered, "HollandbyMail.nl" will reimburse the
difference in the price between the Products ordered and those delivered only if those
delivered are sold for less than those ordered and paid for. No claim will be accepted
with respect to the taste, appearance or freshness of the Products.
4.5 Limited Guarantee "HollandbyMail.nl" guarantees that the Products are
genuine and that they have taken all the necessary care and attention to assure they
correspond to the description that is given on the Site at the date the order was made.
"HollandbyMail.nl" guarantees that the Products are of good quality. The above
is the only warranty given by "HollandbyMail.nl". No other warranties, whether
express or implied, are given. In particular, "HollandbyMail.nl" does not
warrant that the Products correspond to the specific expectations of the Customer.
4.6 Liability - Limitation of Liability The Customer is personally liable for its choice
of Products and after delivery is entirely responsible for the conservation and
consumption of the Products. Also, "HollandbyMail.nl" will not be held liable
for not respecting any laws or regulations in the country where the Products are
delivered. "HollandbyMail.nl" is only liable for complying with Dutch
regulations relating to the Products. In any event, the liability of HollandbyMail.nl is
limited to the lesser of the following amounts: 1) the direct damage suffered by the
Customer or 2) the price of the order irrespective of the basis on which
"HollandbyMail.nl"'s liability may be assessed.
C. INVALIDITY - FORCE MAJEURE - APPLICABLE LAW - COMPETENT COURTS
If any one of the clauses of these General Terms and Conditions are, for whatever
reason, declared invalid or invalidated for any reason, this will not affect the
application or the validity of the other clauses. The clause declared invalid, or
invalidated, will be replaced by the disposition closest to that clause.
Neither "HollandbyMail.nl" nor the Customer will be held liable for any
failure to perform their obligations as a result of a force majeure beyond their control,
including but not limited to the following: war, riot, insurrection, interruption of
transport systems, problems relating to export and import, strikes, lock-out, shortage of
Products, fire, earthquakes, storms or floods.
These General Terms and Conditions are governed exclusively by Dutch law. All
litigation or disputes between the parties shall be brought only before the competent
court in the Netherlands