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Conditions of Use

GENERAL CONDITIONS

General sales conditions

Art. 1. Applicability

These general conditions (registered at the Chambre of Commerce) are applicable at every special offer, order and agreement of Herpetologic Centre Holland (HCH), excluding other possible general conditions. Acceptation of a special offer or placing an order, concerns that you accept the suitability of these general conditions. It is only possible to deviate from the rules in these general conditions after a written announcement or approval of HCH, in which the remaining conditions stay valid. All rights and contacts in these general conditions and other possible agreements for the benefit of HCH which are being agreed, are also agreed for the benefit of HCH by brought in intermediary and other third parties.These general conditions respect the rights of the consumer which result from the law (or salesagreement).

Art. 2. Special offers/agreements

The special offers of HCH are free of obligations and HCH has every right to alter the prices, especially if this is necessary on the basis of (legal) prescriptions. An agreement is only come into being after acceptation of your order by HCH. HCH has the right to refuse orders, or attach certain conditions to the delivery, unless explicity differently prescribed. If an order cannot be accepted, HCH will let you know within ten (10) days after receiving your order.

Art. 3. Prices and payments

The given prices for the offered products and services are in Euros, including the legal Dutch VAT percentage. If you neglect by exceeding the term of payment you have to pay 1% delayinterest per month or a part of that month the open amount. You are indebted to pay € 25,00 administrative costs if payment takes place after a warning notice by HCH. The date of payment by bank or giro is only valid if the amount is included in the giro- or bankaccount of HCH. HCH has the right to defer or dissolve the (realization of the) agreement and other possible agreements if you fail to pay. You have the right to cancel your order within 10 days when you receive an announcement by HCH that the prices of the products and the services between the date of order and the realization of the order are being rased.

Art. 4. Delivery

The delivery dates, given up by HCH, are only an indication. You have no right on any compensation or canceling your order or dissolve the agreement if HCH exceeds the date of delivery, unless the date of delivery is that long that we cannot in fairness expect you to upkeep the agreement. In that case you have the right to cancle your order or dissolve the agreement if necessary. The delivery of the products takes place on the place and moment to which the products are ready for dispatch.

Art. 5 Ownership restriction

The ownership of delivered products only passes if you have settled everything that is indebted on the basis of any agreement. The riscs concerning the products pass at the moment of delivery to you.

Art. 6 Intellectual and industrial rights of ownership

You are to respect unconditional all the intellectual and industrial rights of ownerships which are based on the products deliverd by HCH. HCH will not guarantee that the delivered products violate any (unwritten) intellectual and industrial right of ownership of third party.

Art. 7 Claims and responsibility

At the delivery you are obliged to research if the products are satisfactory to the agreement. In case they are not, you have to announce this to HCH as soon as possible, anyhow within seven (7) days after the delivery, at any rate that establishment was possible in fairness. It has to bee a written announcement in which you explain the failing. If proved that the products do not meet to the agreement, HCH has the choice to return the concerned products and replace them into new products or repay the invoicevalue. If you wish not to buy a product, for any reason, you can return it to HCH within seven (7) days. The package that you return will be accepted only if the packing is undamaged and the seal on the package is unbroken. The costs for returning the package are at your own expense.

Art. 8 Orders / communication

HCH is not responsible for misunderstand, mutilation, delay or not presentable came over order information and announcements as a result of using the Internet or any other means of communication between you and HCH, or between HCH and third party, as far as it relates to the connection between you and HCH, unless or as far as there is talk of intention or rude guilt bij HCH.

Art. 9 Personal data

HCH will write down your data in their administration. These data will be used for the realizationof your order and, in connection with that, placed at third party. The processing of your data will take place according to the suitable law and issuing of rules.

Art. 10 Circumstances beyond ones control (force majeure)

Undiminished the remaining rights that belong to her, HCH has the right to defer the processing of your order or dissolve the agreement without legal intervention in cases of circumstances beyond ones control. This will happen by means of a written announcement without HCH being responsible for any compensation, unless it is unacceptable in the given circumstances. Force majeure means that every shortcoming for which HCH is not responsible.

Art. 11 Miscellaneous

If you give HCH a written statement with your adress, HCH has the right to sent all the ordered goods to that adress, unless you give HCH a written statement with another adress to which your ordered goods must be sent to. The reproduced illustrations fall under copyright of their respective owners. You will have to contact HCH for the use of these illustrations. By HCH delivered products can deviate from the reproduced illustrations. If HCH allows deviation of these General Conditions during a certain period, it will not say that HCH will always have the right to demand that you will strictly comply with the General Conditions.

Art. 12 Appropriate right and competent judge

Only the Dutch right is applicable to all rights, obligations, special offers, orders and agreements applicable to these general conditions. All disputes between parties will be put in front of an in The Netherlands competent judge.

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