General Terms and Conditions Dikra Creations (39098161)
Article 1. Definitions
1.1 1.1 Under our terms of delivery a 'Buyer' is understood to be a natural person over the age of 18 who has ordered a product from Dikra Creations. 'Agreement' defined: any arrangement between the Buyer and Dikra Creations concerning the Buyer's adherence to the terms laid down by Dikra Creations and any activities carried out by Dikra Creations for the benefit of the Buyer.
Article 2: Application
2.1 These General Terms and Conditions apply to overall contents and execution of any arrangement between the Buyer and Dikra Creations.
2.2 Dikra Creations explicitly excludes the application of terms of delivery by the Buyer, unless clearly conveyed in writing otherwise.
2.3 Any changes to these General Terms and Conditions are only valid if and when accepted in writing by Dikra Creations. The other articles of these General Terms and Conditions remain in full force.
2.4 By placing his digital order, the Buyer declares having read and accepted these Terms of Delivery.
Article 3: Agreements
3.1 An agreement between Dikra Creations and the Buyer comes into effect when the Buyer has placed an order on Dikra Creations' website by completing the order form and the Buyer has electronically received confirmation of his order.
Article 4: Force majeure
4.1 Force majeure is understood to mean any circumstance so serious and out of the control of Dikra Creations that the observance of the agreement cannot in all fairness be demanded from Dikra Creations. Cases of force majeure include: war, any kind of uproar or hostility, blockades, boycotts, natural disasters, epidemics, lack of raw materials, obstacles or interruptions with regard to modes of transport, breakdowns within our company, import or export restrictions or embargos, impediments caused by measures, laws or decisions made by international, national and regional (public) bodies.
4.2 In case of force majeure and as a result delivery of products cannot be executed in conformity with the agreement, Dikra Creations will contact the Buyer in writing usually by post as soon as possible and will not be held responsible for payment towards any kind of compensation.
4.3 In case of Dikra Creations not being able to deliver on time or in accordance with the agreement as a result of force majeure, our company is entitled to regard the agreement or parts of it which have not yet been executed as annulled, or we may postpone the agreement for a definite or indefinite period of time, depending on our choice of action to be taken.
4.4 If postponement of delivery exceeds 30 working days, the Buyer is entitled to communicate by recorded post to Dikra Creations that the sale agreement is annulled, in which case Dikra Creations is not held to compensation towards the Buyer.
4.5 Dikra Creations cannot be held responsible for shortcomings with regard to the agreement if these are not due to the company's own failings. Nor do these shortcomings, according to the law, the agreement, or traffic regulations, mean that Dikra Creations is liable to pay compensation.
4.6 The above mentioned and other similar events are regarded as situations for which Dikra Creations cannot be held responsible and will neither grant the Buyer the right to annulment of the agreement, nor to compensation.
Article 5: Delivery, Delivery period and Risks
5.1 The Buyer is liable for supplying his full cooperation with regard to the products stated in the agreement to be delivered by Dikra Creations. Should the Buyer refuse to accept the products to be delivered, the Buyer is in default, even if he has not been reminded.
5.2 The Buyer should pass on the right address for delivery, for example; no P.O. Box number, to Dikra Creations. The Buyer will be held fully accountable for losses suffered by Dikra Creations as a result of a wrongly stated address passed on by the Buyer.
5.3 A delivery date given by Dikra Creations will be as closely observed as possible, but this (should not be regarded by the buyer as a definite date…) should not be regarded as a certainty', and is merely an indication, unless specifically otherwise agreed. Should a delivery not be on time, Dikra Creations will contact the Buyer about the modified delivery date.
5.4 Dikra Creations is no longer bound to a beforehand agreed set delivery date, should the Buyer make changes to the order afterwards, unless the changes made are so minimal that they do not oblige Dikra Creations to alter the initial delivery date given by Dikra Creations.
5.5 Risks of loss of or damage to the products to be delivered by Dikra Creations will be for the account of the Buyer from the moment these products have actually been delivered to the Buyer or to a third party assigned by the Buyer, the products being from then on the responsibility of the Buyer.
5.6 HDikra creations is not liable for possible losses suffered by the Buyer as a result of a (set) delivery date which has not been met.
Article 6: Packaging
6.1 Packaging needed for delivery of the products is included in the price and cannot be returned. The packaging needed is at the discretion of Dikra Creations.
6.2 Damage to the packaging is not regarded as damage to the product and Dikra Creations is not responsible for damage to packaging caused by transportation.
Article 7: Payment
7.1 Payment by the Buyer should be made within 7 working days after the date the order was placed.
7.2 The time limit of 7 days is binding. Should the Buyer not pay on time, the Buyer, even without notice, is in default and delivery will not take place.
7.3 The order will be processed if the term of payment of 7 days is respected.
7.4 Payments can be made to Dikra Creations, Almere, the Netherlands. Account number: 3784.22.170. The order will be processed as soon as the amount due has been credited to Dikra Creations' account.
7.5 Should the Buyer fail to pay on time, Dikra Creations is authorised to postpone delivery, even if a binding delivery date has been agreed upon. Under these circumstances Dikra Creations will not be in default in the case of a late delivery.
Article 8: Complaints
8.1 Should there be complaints or differences, the Buyer needs to contact Dikra Creations within 15 days. Dikra Creations will reply within 15 days after having received the Buyer's complaint.
8.2 Dikra Creations only deals with claims after the Buyer has returned both the receipt and the damaged product(s).
Article 9: Warranty
9.1 The receipt is at the same time the Buyer's guarantee.
9.2 Dikra Creations cannot vouch for its products' durability in cases of high levels of dampness, extreme ultraviolet radiation and other extreme environmental circumstances.
9.3 Should repair or replacement of the returned product(s) be impossible, Dikra Creations is entitled to annul the agreement and to fully credit the Buyer.
Article 10: Liability
10.1 Dikra Creations is not liable for damages of any nature due to the products being wrongly handled by the Buyer after delivery.
10.2 Neither is Dikra Creations liable for damages of any nature after, or because of the fact that, the Buyer, following delivery, has brought the products into use, or has treated the products, delivered to a third party, or respectively has given the products to be used, had them treated, or has had the products delivered to a third party.
Article 11: Transportation
11.1 The costs and risks of transportation of the products to be delivered are taken care of by Dikra Creations, unless otherwise agreed. The transporter accepting Dikra Creation's products to be delivered, counts as proof of the fact that these products were in good condition at the time of transportation.
11.2 Should the products suffer damage during transportation from Dikra Creations to the Buyer, Dikra Creations is only liable for the maximum amount compensated by the transporter and/or his insurer.
Article 12: Differences and the law
12.1 Offers made and agreements concluded by Dikra Creations fall exclusively under Dutch law.
12.2 Any difference with regard to the coming about, the interpretation or the execution of an agreement, will be brought exclusively before the Dutch Court of Lelystad.
Article 13: Other terms
13.1 DDikra Creations guarantees that any information concerning the Buyer, obtained with or in connection with the execution of the agreement will be treated with confidentiality and that we will make sure that this information will not be used by a third party.
13.2 Dikra Creations is not authorised to use the information given by the Buyer other than for the purpose this information was communicated.
13.3 Both parties are held to observe confidentiality with regard to any private information obtained under the terms of their agreement, either from each other or from a different source. Information is regarded as being confidential when so qualified by the other party or if this results from the nature of the information given.
Article 14: Changes to the Terms and Conditions, explanation
14.1 will come into effect at the indicated date of commencement. Dikra Creations will notify the Buyer on time about the changes made to the Terms and Conditions. Should no date of commencement have been communicated, the changes will only come into effect the moment the Buyer has been notified about these changes. As to agreements in progress, the general Terms and Conditions used at the start of the agreement remain valid.
14.2 Explanation of the contents and tenor of these General Terms and Conditions will be based on the Dutch text.
Article 15: Copyright Dikra Creations
15.1 The full contents of Dikra creations' website is protected by copyright.
15.2 Copying of (parts of) Dikra Creations' website, images and/or use of its product name, is forbidden.
15.3 It is not allowed to circulate parts and/or the complete contents of Dikra Creations' website via cd-rom, dvd or any other medium, without the permission of the author/proprietor.
15.4 If applicable, the copyright of the information offered by Dikra Creations via links rests with the proprietor of the web pages in question. This also concerns any trademark or logo.