Please read our terms and conditions carefully and agree at the bottom of the page
UNSEEN PRODUCTS B.V. - GENERAL TERMS AND CONDITIONS
Article 1. Applicability
1.1 These General Terms and Conditions of Sale (hereinafter referred to as: Conditions) shall apply to all offers, orders and agreements by UNSEEN PRODUCTS B.V. (hereinafter referred to as: UNSEEN), to the exclusion of any other General Terms and Conditions.
1.2 Either accepting an offer or placing an order shall imply that you accept the applicability of these Conditions.
1.3 The provisions in these Conditions may only be deviated from in writing, in which case the other provisions shall remain in full force.
1.4 All rights and claims, stipulated in these Conditions and in any other agreements on behalf of UNSEEN, shall likewise be stipulated on behalf of intermediaries and third parties engaged by UNSEEN.
Article 2. Offers/agreements
2.1 All offers made by UNSEEN shall be without obligation and UNSEEN shall expressly reserve the right to modify prices, especially if required by legal constraints. Also see Article 3.8.
2.2 An agreement shall only be concluded after a pro forma order has been placed. UNSEEN is entitled to either refuse a pro forma order or to turn it into a confirmed order, depending on the total number of orders placed within an ordering period. If an order is either refused or confirmed, UNSEEN shall inform you within ten (10) working days after the final order date has expired.
2.3 UNSEEN reserves the right to make inquiries to assess the customer's credit rating.
Article 3. Prices and payments
3.1 Prices listed for the products offered shall be in Euros, excl. VAT.
3.2 Invoices are send by mail and when asked for included with the delivery.
3.3 Payments are asked to be arranged before delivery in the Netherlands and also for deliveries outside the Netherlands, unless otherwise agreed upon in writing.
3.4 Payments can only be made by means of bank or giro transfer. Payment date will be the date of crediting the bank or giro account of UNSEEN.
3.5 If the term of payment is exceeded, you shall be in default from the day that payment was due and from this day onwards you shall have to pay late payment interest amounting to 1% of the amount payable per month or for part of the month. If payment takes places after UNSEEN has sent you a reminder, you shall have to pay an amount of twenty-two Euros and sixty-nine Eurocents (€ 22,69) for administrative costs and if UNSEEN outsources the collection of its claim, you shall also have to pay collection costs which amount to at least fifteen per cent (15%) of the amount payable, without prejudice to UNSEEN's authority to instead claim the actual extrajudicial collection costs.
3.6 If you fail to make any payments, UNSEEN shall be entitled to either suspend or dissolve (the implementation of) the relevant agreement and corresponding agreements.
3.7 If you fail to make any payments, UNSEEN is entitled to claim the products supplied to you earlier and UNSEEN will become the owner of these products.
3.8 If prices for the products offered increase in the period between placing an order and its implementation, you shall be entitled to either cancel the order or dissolve the agreement within ten (10) days after the price increase was announced by UNSEEN.
Article 4. Handling and shipping costs
Handling and shipping costs for deliveries in the Netherlands are 25 Euros for each seperate delivery, regardless of the order size. Handling and shipping costs for deliveries outside the Netherlands (but inside the EU) are 55 Euros for each seperate delivery, regardless of the order size. Handling and shipping costs for deliveries to other destinations shall be determined separately for each delivery and can be requested at UNSEEN.
Article 5. Delivery
5.1 All delivery times specified by UNSEEN are only indicative. Failure to keep the delivery date shall not entitle you to any compensation, nor entitle you to either cancel your order or dissolve the agreement, unless the delivery period is exceeded to the extent that you cannot in all fairness be expected to maintain the agreement. In this case, you are entitled to either cancel the order or dissolve the agreement, if required.
5.2 Delivery of products shall take place on the location and time when products are ready to be delivered to you.
Article 6. Retention of title clause
6.1 Title to the delivered products shall only be passed to you after all outstanding invoices from UNSEEN have been paid in full. Responsibility for the products shall be passed to you at the time of delivery.
6.2 If you fail to make any payments, UNSEEN is entitled to claim the products supplied to you earlier and UNSEEN will become the owner of these products.
Article 7. Complaints and liability
7.1 Upon delivery you are obliged to immediately inspect the products to determine whether or not they comply with the agreement. If not, you will have to inform UNSEEN in writing, specifying your reasons, as soon as possible, but at least within seven (7) working days after delivery or at least after determination of non-compliance was reasonably possible.
7.2 If it has been proven that the products do not comply with the agreement, UNSEEN shall have the option to either replace the returned products by new products or to refund the invoice amount.
7.3 If you do not wish to purchase a product for any reason, you shall be entitled to return the product to UNSEEN within seven (7) working days after delivery. In this case, return shipments shall only be accepted if the packaging of the products is undamaged and the plastic sealing on the packaging is still intact. Costs for return shipments shall be paid by you.
Article 8. Orders/communication
8.1 UNSEEN shall not be liable for any misunderstandings, mutilations, delays or improper transmission of orders and messages, resulting from the use of the Internet or any other means of communication between either you and UNSEEN or UNSEEN and third parties concerning the relation between you and UNSEEN, unless caused by an intentional act or gross negligence by UNSEEN.
Article 9. Force majeure
9.1 Without prejudice to its other rights, in case of force majeure UNSEEN is entitled to choose to either suspend the implementation of your order or dissolve the agreement without any judicial intervention, by informing you in writing. UNSEEN shall not be liable for compensation in any way, unless this would be considered unacceptable under the circumstances according to standards of reasonableness and fairness.
9.2 Force majeure includes any shortcomings which cannot be attributed to UNSEEN, because UNSEEN is not to blame for these shortcomings and is neither liable by law, legal transaction nor generally accepted standards.
Article 10. Miscellaneous
10.1 If you provide your address to UNSEEN in writing, UNSEEN shall be entitled to send all orders to this address, unless you inform UNSEEN in writing that orders should be sent to a different address.
10.2 Even if UNSEEN has allowed deviations from these Conditions - for a short or long period of time, implicitly or otherwise - this shall not form any legal impediment for UNSEEN to demand an immediate and strict compliance with these Conditions at a later time. You shall never assert any rights based on leniency in applying these Conditions by UNSEEN.
10.3 In case one or more provisions of these Conditions or any other agreement with UNSEEN is in conflict with the law, the provision(s) in question shall be eliminated and replaced by a new, legally admissible and similar provision to be determined by UNSEEN.
10.4 UNSEEN shall be entitled to employ third parties to implement your order(s).
10.5 UNSEEN shall not be liable for the consequences of misprints, typing errors and/or programming or program errors in its catalogue, in any other advertising mailings or on the Internet.
10.6. UNSEEN shall be entitled to modify its Terms and Conditions of Sale without any notice.
10.7. By placing an order each customer confirms to agree to the afore-mentioned Terms and Conditions of Sale, without any restrictions.
10.8 Only Dutch law shall apply to these Terms and Conditions of Sale.
10.9 All sizes specified on UNSEEN's website and in UNSEEN's offers are conditional. Differences in specified sizes and final sizes may occur, due to the production process.
Article 11. Applicable law and court
11.1 Only Dutch law shall apply to all rights, obligations, offers, orders and agreements to which these Conditions apply, as well as to these Conditions themselves.
11.2 All disputes between parties shall be submitted to the exclusive jurisdiction of the courts in the Netherlands.
