Terms & Conditions

SiwakNoir.com

Definitions

  1. SiwakNoir.com: SIWAK NOIR, registered under Chamber of Commerce no.78193524.
  2. Customer: the person with whom SIWAK NOIR has entered into an agreement.
  3. Parties: SIWAK NOIR and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

 Applicability of general terms and conditions

  1. These conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of SIWAK NOIR.  
  2. Parties can only deviate from these conditions if they have expressly agreed in writing.
  3. Parties explicitly exclude the applicability of additional and / or deviating general terms and conditions from the customer or from third parties.

Prices

  1. All prices used by SIWAK NOIR are in euros, including VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
  2. All prices on which SIWAK NOIR charges for its products or services, on its website or which have been otherwise announced, can be changed by SIWAK NOIR at any time. 
  3. Increases in the cost prices of products or parts thereof, which SIWAK NOIR could not foresee when making the offer or the conclusion of the agreement, may lead to price increases. 
  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples / models 

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

 
Consequences of not paying on time

  1. If the customer is in default, he will also owe extrajudicial collection costs and any compensation to SIWAK NOIR. 
  2. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. 
  3. If the customer does not pay on time, SIWAK NOIR may suspend its obligations until the customer has fulfilled his payment obligation. 
  4. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of SIWAK NOIR on the customer are immediately due and payable. 
  5. If the customer refuses to cooperate with SIWAK NOIR in the execution of the agreement, he is still obliged to pay the agreed price to SIWAK NOIR. 

Right to claim 

  1. As soon as the customer is in default, SIWAK NOIR is entitled to invoke the right of complaint regarding the unpaid products delivered to the customer.
  2. SIWAK NOIR invokes the right to complain by means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to SIWAK NOIR, unless the parties make other agreements about this. 
  4. The costs for returning or returning the products are for the account of the customer.

Right of withdrawal 

  1. A consumer can cancel an online purchase without giving any reason during a reflection period of 14 days, provided that:
  2. the product has not been used.
  3. the consumer has not waived his right of withdrawal
  4. The reflection period of 14 days as referred to in paragraph 1 commences:
    1. on the day after the consumer has received the last product or part of 1 order
    2. once the consumer has received the first product with a subscription
    3. as soon as the consumer has purchased a service for the first time
    4. once the consumer has confirmed that he will purchase digital content via the internet
  5. The consumer can make his appeal to the right of withdrawal known via info@SiwakNoir.com, if desired using the withdrawal form which can be downloaded from the SIWAK NOIR website, www.SiwakNoir.com.
  6. The consumer is obliged to return the product to SIWAK NOIR within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse. 
  7. The costs for return will be charged to you.

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation under this agreement.

Right of retention 

  1. SIWAK NOIR can invoke his right of retention and in that case hold the customer’s products until the customer has paid all outstanding invoices with regard to SIWAK NOIR, unless the customer has provided sufficient security for those costs. 
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to SIWAK NOIR.
  3. SIWAK NOIR is never liable for any damage that the customer may suffer as a result of using his right of retention.

Netting

Unless the customer is a consumer, the customer waives his right to set off a debt to SIWAK NOIR against a claim against SIWAK NOIR. 

Retention of title 

  1. SIWAK NOIR remains the owner of all delivered products until the customer has fully fulfilled all its payment obligations towards SIWAK NOIR under any agreement concluded with SIWAK NOIR, including claims for failure to perform.
  2. Until then, SIWAK NOIR can invoke his retention of title and take things back. 
  3. Before ownership is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
  4. If SIWAK NOIR invokes his retention of title, the agreement will be considered dissolved and SIWAK NOIR has the right to claim compensation, loss of profit and compensation. 

Delivery  

  1. Delivery takes place while supplies last.
  2. Delivery takes place at SIWAK NOIR, unless parties have agreed otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer. 
  4. If the agreed amounts are not or not paid on time, SIWAK NOIR has the right to suspend its obligations until the agreed part has been paid. 
  5. In the event of late payment, there is a default on creditors, with the result that the customer cannot object to late delivery to SIWAK NOIR.

Delivery time 

  1. The delivery times stated by SIWAK NOIR are indicative and, if exceeded, do not entitle the customer to termination or compensation, unless the parties have expressly agreed otherwise in writing.
  2. The delivery time starts when the customer has completed the (electronic) ordering process and has received an (electronic confirmation) from SIWAK NOIR.
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless SIWAK NOIR cannot deliver within 14 days after being notified in writing or parties have agreed otherwise. 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.


Transportation costs 

Transport costs are for the account of the customer, unless parties have agreed otherwise.

Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note made by the forwarder or delivery person, failing which SIWAK NOIR cannot be held liable for any damage.
  2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or packaging prior to transport to SIWAK NOIR, failing which SIWAK NOIR cannot be held liable for any damage. 

Custody 

  1. If the customer orders ordered products only later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
  2. Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.

Guarantee

  1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material. 
  2. The warranty does not apply in the case of normal wear and damage caused by accidents, changes to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, passes to the customer at the moment when they are legally and / or actually delivered, at least in the control of the customer or from a third party who receives the product for the benefit of the customer.  


Exchange 

  1. Exchange is only possible if the following conditions are met:
  2. exchanges take place within 14 days of purchase upon presentation of the original invoice
  3. the product is returned in the original packaging or with the original (price) tags still attached
  4. the product has not yet been used
  5. Discounted items, non-durable items such as foodstuffs, tailor-made items or items specially adapted for the customer and cannot be exchanged.

Indemnity

The customer indemnifies SIWAK NOIR against all third-party claims related to the products and / or services supplied by SIWAK NOIR. 

Complaints

  1. The customer must examine a product or service provided by SIWAK NOIR as soon as possible for any shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform SIWAK NOIR as soon as possible, but in any case within 1 month after the shortcomings have been discovered. 
  3. Consumers must inform SIWAK NOIR of the discovery of one or more shortcomings thereof within 24 hours after receipt of the order.
  4. The customer provides as detailed a description of the shortcoming as possible, so that SIWAK NOIR is able to respond adequately. 
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint concerns ongoing work, this can in any case not lead to SIWAK NOIR being able to perform other work than agreed.

Notice of default

  1. The customer must notify SIWAK NOIR in writing of notice of default.
  2. It is the responsibility of the customer that a notice of default actually reaches SIWAK NOIR (on time). 

Joint and several liability of the customer

If SIWAK NOIR enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to SIWAK NOIR under that agreement. 

Liability  SIWAK NOIR

  1. SIWAK NOIR is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or deliberate recklessness.  
  2. If SIWAK NOIR is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
  3. SIWAK NOIR is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
  4. If SIWAK NOIR is liable, this liability is limited to the amount that is paid out through a closed (professional) liability insurance and in the absence of (full) payment by the insurance company of the damage amount, the liability is limited to the ( part of the) invoice amount on which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) termination of the agreement and / or suspension of any obligation.

Expiry period

Any right of the customer to compensation from SIWAK NOIR expires in any case 12 months after the event from which liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Right to dissolution

  1. The customer has the right to dissolve the agreement if SIWAK NOIR culpably fails to fulfill its obligations, unless this shortcoming, due to its special nature or minor significance, does not justify termination. 
  2. If the fulfillment of the obligations by SIWAK NOIR is not permanently or temporarily impossible, dissolution can only take place after SIWAK NOIR is in default. 
  3. SIWAK NOIR has the right to terminate the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if SIWAK NOIR has taken note of circumstances that give him good reason to fear that the customer will fulfill his obligations. will not be able to perform properly. 


Force of the majority

  1. In addition to the provisions of Section 6:75 of the Dutch Civil Code, a shortcoming of SIWAK NOIR in the fulfillment of any obligation towards the customer cannot be attributed to SIWAK NOIR in a situation that is independent of the will of SIWAK NOIR, so that the compliance with its obligations towards the customer is wholly or partially prevented or as a result of which fulfillment of its obligations cannot reasonably be expected from SIWAK NOIR. 
  2. The force majeure situation referred to in paragraph 1 also includes, but is not limited to: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); breaches and force major of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a force majeure situation arises that prevents SIWAK NOIR from fulfilling 1 or more obligations to the customer, those obligations will be suspended until SIWAK NOIR can meet them again. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing. 
  5. SIWAK NOIR does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Modification of the agreement 

If, after the conclusion of the agreement for the execution thereof, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and by mutual agreement.

Change of general terms and conditions

  1. SIWAK NOIR is entitled to change or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time. 
  3. SIWAK NOIR will discuss major substantive changes with the customer as much as possible in advance.
  4. Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions. 

Transfer of rights

  1. The customer’s rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of SIWAK NOIR. 
  2. This provision applies as a clause with property law effect as referred to in Section 3:83 (2) of the Dutch Civil Code. 

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions. 
  2. In that case, a provision that is void or voidable is replaced by a provision that is closest to what SIWAK NOIR had in mind when drawing up the conditions on that point.


Prepared on 05-06-2020.

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