Article 1. Applicability
All offers, orders and agreements of Fire-art are subject to these General Delivery Terms and Conditions (hereinafter referred to as Terms and Conditions). By placing an order or accepting an offer, you accept the application of these Terms and Conditions. The provisions in these Conditions can only be deviated from after written notification or written approval of Fire-art, in which case the other provisions remain in full force. All rights and claims, as stipulated in these Terms and Conditions, and in any further agreements for Fire-art’s benefit, are equally stipulated for the benefit of intermediaries and other third parties engaged by us.
Article 2. Prices and payments
The prices stated for the products and services offered are in euros, including VAT and excluding shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing. The customer’s order will be delivered after payment has been received by Fire-art. If the customer collects the products himself from Fire-art, the payment can be made in cash. Products will at all times only be delivered by Fire-art after the full invoice amount has been paid. Payments must be made in advance unless expressly agreed otherwise in writing. If the payment is not received within the agreed period, a payment reminder will be sent. If this is not responded to in time, the payment for collection will be handed over. All additional costs of this shall be for the account of the customer.
Article 3. Offers/Agreements
All our offers are without obligation and we reserve the right to change the prices. An agreement only comes into being after acceptance of the order by Fire-art. Fire-art is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted by Fire-art Fire-art will inform you within a short time after receipt of the order.
Article 4. Delivery
The delivery times specified by Fire-art are always approximate. Fire-art is not liable for the consequences of exceeding the delivery time and exceeding any delivery time does not entitle the customer to compensation. If the ordered products are not delivered within 30 days, both the customer and Fire-art have the right to dissolve the purchase agreement in writing in which both parties are released from their obligations towards each other around this part of the order. Any payments already made by the customer will be refunded by Fire-art. The delivery time commences at the moment the order has been received by Fire-art and all data necessary for the execution or delivery are in Fire-art’s possession. The delivery of the products takes place at the place and time at which the goods are ready for shipment to the customer. Fire-art is entitled to fulfill the delivery of the goods in parts. If the customer cancels this agreement after entering into this agreement, the customer will be responsible for all costs incurred by Fire-art with respect to the order. This includes all administrative costs, customs costs, transport costs, as well as any other possible costs involved in processing this order. The goods ordered from Fire-art are specially ordered per customer and delivered in this quantity and can therefore not be returned.
Article 5. Retention of title
The ownership of delivered products will only be transferred, if the customer has paid everything he owes Fire-art under any agreement. The risk with regard to the products already passes to the buyer at the moment of delivery.
Article 6. Complaints and liability
The customer is obliged to examine whether the products comply with the agreement at the time of delivery. If this is not the case, the customer has to inform Fire-art of this as soon as possible in writing via firstname.lastname@example.org This has to be done within seven days after delivery of the goods, at least after it was reasonably possible to determine. If a product shows a defect, the manufacturer/importer will determine whether the product will be repaired or replaced. If it is plausible that the defect is due to the customer or otherwise at the expense and risk of the customer, Fire-art will in consultation return the product in the same condition or for the account of the customer to repair / replace. Shipping costs will be for the account of the customer. The products supplied by Fire-art are fully covered by the manufacturer’s warranty in accordance with the conditions as stated by the respective manufacturer of 5 years.
Article 7. Intellectual and industrial property rights
The customer must fully and unconditionally respect all intellectual and industrial property rights that apply to the goods delivered by Fire-art.
Article 8. Orders/Communication
Fire-art is not liable for misunderstandings, mutilations, delays or improper transmission of order data and communications as a result of the use of the internet or any other means of communication in the traffic between the customer and Fire-art, or between Fire-art and third parties, insofar as this relates to the relationship between the customer and Fire-art, unless and insofar as there is intent or gross negligence on the part of Fire-art.
Article 9. Personal Data
The personal information you provide to us will always be treated with care and confidentiality in accordance with the Personal Data Protection Act… All personal or company data obtained through Fire-art will be used exclusively by us for administrative purposes, such as invoices and newsletters. None of this data will be given or sold to third parties not affiliated with Fire-art.
Article 10. Force majeure
Without prejudice to the other rights to which Fire-art is entitled, in case of force majeure, Fire-art has the right, at its own discretion, to suspend the execution of the order of the customer or to dissolve the agreement without judicial intervention, by informing the customer of this in writing and without Fire-art being obliged to pay any compensation, unless this would be unacceptable according to standards of reasonableness and fairness in the given circumstances. Force majeure will be understood to mean any shortcoming which cannot be attributed to Fire-art, because it is not due to its fault and by virtue of the law, legal act or generally accepted standards is not for its account.
Article 11. Sundries
If the customer provides Fire-art with an address in writing, Fire-art is entitled to send all orders to that address, unless the customer informs Fire-art in writing of another address to which the customer’s orders should be sent. When Fire-art for a short or a longer period of time may or may not tacitly deviate from these Terms and Conditions, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. The customer can never assert any right on the grounds that Fire-art applies these Terms and Conditions flexibly. If one or more of the provisions of these Terms and Conditions or any other agreement with Fire-art should be in conflict with any applicable legal requirement, the relevant provision will lapse and will be replaced by a new comparable provision to be determined by Fire-art that is permitted by law. Fire-art is entitled to use third parties in the execution of the order(s) of the customer. Products may deviate from the images and / or descriptions shown on the site www.fire-art.eu Fire-art is not liable for these deviations.
Article 12. Applicable law and competent court
All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law. All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.