General terms and conditions for the University store of Rijksuniversiteit Groningen, based in Groningen. Version valid from 01-11-2010.
Article 1. General
‘I Shop’ in these General Conditions of Sale is understood to mean the I Shop of the University of Groningen.
These General Conditions of Sale shall govern all offers by and agreements with the I Shop, unless specifically stated otherwise in writing.
These General Conditions of Sale shall also apply to all agreements with the I Shop that involve implementation by third parties.
The applicability of any conditions set by the client is explicitly dismissed.
In the event that these General Conditions of Sale and a specific Agreement include stipulations that contradict each other, the Agreement will prevail.
In the event that any part of these General Conditions of Sale is void or nullified, all other stipulations of these General Conditions of Sale shall remain in full force and the parties involved must endeavour in joint consultation to agree on an alternative stipulation, taking the purpose and nature of the original stipulation(s) into account as far as possible.
Article 2. Offers and the establishment of agreements
All offers are free of obligation, unless specifically stated otherwise by the I Shop.
An agreement (for delivery and purchase) is established when an order is placed via the I Shop website and accepted by the I Shop. Orders placed via the I Shop website are automatically confirmed via e-mail.
The I Shop has the right to refuse orders or attach certain conditions to delivery. In the event that an order is refused, the I Shop will inform the client of this within 10 working days of receipt of the order.
By placing an order, the client accepts these General Conditions of Sale in full.
Special offers made by the I Shop do not automatically apply to repeat orders as well.
The I Shop cannot be expected to comply with any offer in the event that the client should have understood that the order, or part thereof, contained an obvious mistake or typing error.
Additions, alterations and/or additional agreements shall only be valid when agreed between parties in writing.
The I Shop gives only one discount on products to which more than one discount may apply.
Article 3. Prices/price increase
All prices are in euros, including sales tax (VAT/BTW) and excluding shipping costs, unless stated otherwise.
All offers on the I Shop website are subject to changes in price, implementation, availability and delivery time.
The I Shop guarantees that no price increase will take place after the establishment of an agreement, unless such price increase is due to legal regulations and/or stipulations.
In the event that a price increase is not due to legal regulations and/or stipulations, the client has the right to terminate the agreement as per the day on which the price increase is implemented.
Article 4. Delivery
Articles that are in stock will be shipped as soon as possible upon receipt of the order, subject to the stipulations set out in Article 5 of these General Conditions of Sale. The I Shop will charge shipping costs for the delivery of orders. Orders will be delivered to the postal address provided to the I Shop, which may not be a temporary address. The articles ordered will be handed to the individual present at the delivery address.
The I Shop reserves the right to request the recipient to sign for receipt of the order.
Unless the contrary is proved, the I Shop shall have fulfilled its obligation to supply as of the moment the goods supplied by the I Shop are presented to the client. In the event of home delivery, a carrier’s report stating refusal to take delivery of the goods shall constitute full proof of offer of delivery, unless the contrary is proved.
In the event of refusal to take delivery of the goods, the return shipping and storage costs as well as the risk of damage to or destruction of the refused goods shall be borne entirely by the client, unless the client invokes the right to dissolve the sales contract or demand replacement of the goods on valid grounds.
The delivery times stated by the I Shop are indicative. Failure to meet a delivery time does not entitle the client to claim damages.
Article 5. Delivery time
Delivery times as stated by the I Shop can never be regarded as deadlines. The delivery time commences once the I Shop has received all the necessary information, upon which the I Shop shall endeavour to deliver within 30 days.
Within the framework of the rules for distance purchasing, the I Shop will process orders promptly and at least within 30 days. In the event that this is not possible (due to articles being out of stock or no longer available), or if delays occur for other reasons, or if an order cannot or can only partly be processed, the client will be notified within one month of placing the order and will have the right to cancel the order without any costs and without having to provide a notice of default.
Article 6. Dissolution
The I Shop has the right to suspend fulfilment of its obligations or to dissolve the agreement in the event that the client does not or not entirely fulfil the obligations following from the agreement.
In addition, the I Shop has the right to dissolve the agreement if circumstances arise of a nature such that unaltered maintenance of the agreement cannot in reasonableness be expected of the I Shop.
In the event of consumer purchase, and in accordance with Article 7.5 of the Dutch Civil Code, the client has the right to dissolve the agreement with regard to delivered I Shop orders within a period of 7 working days without having to provide reasons unless specifically agreed otherwise. This 7-day term starts upon delivery of the order. The purchase is definitive if the client has not returned the delivered goods to the I Shop by the end of this term. The client must notify the I Shop within the 7-day term if he/she intends to return the goods. The client must prove that the goods have been returned in good time (within 10 days of delivery), for example by means of a postal delivery statement. Return shipment of goods delivered will be at the expense and risk of the client. Goods must be returned in their original packaging (including accessories and documentation) and be unused. The right to dissolve the sales agreement in the sense of this Article will lapse in the event that the goods have been used, burdened or in any way damaged by the client. With due observance of the provisions of the previous sentence, the I Shop will, upon receipt and inspection of the returned goods, immediately confirm the cancellation of the purchase and will ensure that the full purchase price is returned to the client without any costs within 30 days of receipt of the complete return shipment.
The right to dissolution as described in the previous clause only applies to goods delivered.
Article 7. Force majeure
The I Shop shall not be expected to fulfil any obligations towards the client if it is hindered in so doing due to circumstances for which it cannot be blamed and for which it is not held responsible by either the law, a juristic act or generally accepted practice.
In addition to what the law and jurisprudence include in the definition of force majeure, in these General Conditions of Sale force majeure also refers to all external circumstances, whether expected or not, that cannot be influenced by the I Shop but which make it impossible for the I Shop to fulfil its obligations.
Article 8. Compliance, warranty and right of recovery
The I Shop guarantees that the delivered goods will comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and any legal provisions and/or government regulations that apply on the date of establishment of the agreement.
The I Shop shall not offer any warranties for delivered goods that exceed the warranties and warranty conditions offered by the manufacturer of the goods, notwithstanding the client’s rights proceeding from mandatory legal provisions.
The client must check upon delivery that the goods delivered satisfy the conditions of the agreement. If this is not the case, the client must notify the I Shop in writing and supported by reasons as soon as possible, and in any case within 7 working days of either the delivery date or such a time that inspection was reasonably possible.
If it can be proved that the delivered goods do not satisfy the conditions of the agreement, the I Shop can choose either to replace the returned goods in question with new ones or to reimburse the amount invoiced.
Return shipments will only be accepted by the I Shop if the goods are undamaged. The costs of such return shipments shall be borne by the client, unless agreed otherwise.
Article 9. Payment
Unless agreed otherwise, payment of the amounts due to the I Shop must be made by credit card, via iDEAL or with an internal project code.
Article 10. Retention of title
All goods delivered to the client by the I Shop in accordance with the agreement shall remain the property of the I Shop until all payments required pursuant to the agreement have been made.
Article 11. Intellectual property rights
Unless specifically agreed otherwise in writing, all copyrights and other intellectual and industrial property rights with regard to the goods delivered by the I Shop shall remain the sole property of the I Shop and/or its suppliers.
Article 12. Applicable law
All offers and agreements made by the I Shop shall be fully governed by Dutch Law.
Article 13. Complaints
Any complaints about the implementation of the agreement must be submitted to the I Shop, fully and clearly described, within a reasonable time of discovery of the defects by the client.
Complaints submitted to the I Shop will be responded to within 14 days of the date of receipt. In the event that a complaint is expected to take more time to process, the I Shop will provide within 14 days a confirmation of receipt as well as an estimated date on which the client can expect a more detailed response.