Terms and Conditions

Glashobby webshop Terms and Conditions

Article 1. Definitions

Glashobby webshop.nl is a website, established in Veenendaal, the Netherlands, registered in the trade register of Kamer van Koophandel  Midden Nederland (Chamber of Commerce Mid Netherlands) at number 30202767

Article 2. Applicability

1.  These terms and conditions apply to any special offer, quotation, and agreement between Glashobby webshop and a Customer to which Glashobby webshop has declared these terms and conditions to apply, insofar as parties have not expressly deviated from these terms and conditions in writing.

2.  The terms and conditions under consideration also apply to agreements with Glashobby webshop for the implementation of which Glashobby webshop is required to involve third parties.

3.  These general terms and conditions were also written for the employees of Glashobby webshop and its management.

4. Applicability of any purchasing or other terms and conditions of the Customer is explicitly rejected.

5.  If these stipulations or several stipulations of these general terms and conditions should at any moment be partially or completely void, or be annulled, the remainder of these general terms and conditions will continue to apply. At such an event, Glashobby webshop and the Customer will enter into consultation in order to agree upon new stipulations to replace the stipulations that are void or annulled, which will be composed with the greatest possible regard for the objectives and tenor of the original stipulations.

6.  If uncertainty exists with respect to the interpretation of these or several stipulations of these general terms and conditions, interpretation is required to occur in the spirit of these general terms and conditions.

7.  If situations arise between parties which are not covered by these general terms and conditions, such situations should be assessed in the spirit of these general terms and conditions.

8.  If Glashobby webshop does not continuously demand strict adherence to these general terms and conditions, this does not imply that the stipulations contained therein do not apply, or that Glashobby webshop would in any way or to any extent lose its rights to require strict adherence to these terms and conditions in other cases.

  1. Glashobby webshop retains the right to amend the general terms of delivery and the content of its Internet site.

Article 3. Special Offers and Quotations

1.  All quotations and special offers by Glashobby webshop are free of engagement, unless a term of acceptance has been stated in the quotation. A quotation or special offer expires if the product to which the quotation or special offer refers has become unavailable in the meantime.

2.  Glashobby webshop cannot be held to its quotations or special offers if the Customer can be reasonably expected that quotations or special offers, or a part thereof, contains an evident error or a mistake in writing.

3.  Prices that are included in a quotation or special offer, are including VAT, packaging shipping and handling costs, unless indicated otherwise.

4.  If acceptance (either by the stipulations listed below or otherwise) deviates from the offer included in the quotation or special offer, Glashobby webshop is not bound to it. In that case, the agreement will not arise in accordance with such deviant acceptance, unless Glashobby webshop indicates otherwise.

5.  Composite price quotations do no oblige Glashobby webshop to perform part of the assignment at a proportional amount of the quoted price. Special offers or quotations do not automatically apply to future orders.

6.  Special offers do not automatically apply to reorders.

Article 4. Order Confirmation and Agreement

1.  After Glashobby webshop has received the order, Glashobby webshop will confirm the order within 2 working days, except in cases where Glashobby webshop cannot be reasonably expected to adhere to the agreement entered into with the customer. Glashobby webshop reserves the right not to accept an order and thereby not confirming the order, for any reason whatsoever. Reasons are not limited to: product stock problems, problems on receiving an order, or problems of completing an order. However, other issues may also amount to rejection of an order.

2.  As soon as Glashobby webshop has received an order, the customer will be informed about the availability of the ordered products by E-mail. Should a product be (temporarily) non-deliverable, then consultation with the customer will follow. The customer will be notified of this by E-mail. After consultation with the customer the definite order will be agreed and confirmed by Glashobby webshop. The customer has to pay in advance in order to receive the ordered goods.

3. In exceptional cases it could be that some goods of the agreed and paid order are not available unexpectedly caused by whatever such as Stock problems or problems detected during order picking. In such a case the non deliverable products will be set in backorder. Delivery (transport) costs regarding a backorder delivery are on the account of the customer. The customer has the right to reject a backorder delivery. The customer has to notify this by E-mail to Glashobby webshop . In such a case the customer will be refunded  for the value of goods of the backorder.

4.  This  agreement contains any engagements between the customer and Glashobby webshop, and replaces any previous agreements, arrangements, and/or engagements between the customer and Glashobby webshop

5.  Barring evidence to the contrary, administrative records of Glashobby webshop constitute valid proof of assignments allocated and of payments made to Glashobby webshop by the customer, and of deliveries performed by Glashobby webshop acknowledges that electronic communication may serve as evidence. By accepting these General Terms and Conditions, the customer acknowledges this as well.

Article 5. Prices

1.  The total amount stated on the order confirmation is definitive, and includes prices of products ordered, their processing, packaging materials, and transport.

2. Minimum ordering amount is established at 5 EURO (shipping costs not included).

3. Within the EU, levies or taxes on goods, are bonded to EU regulations.

4. Only by the explicit request of the customer Glashobby webshop will send a separate invoice to an address submitted by the customer.

5. Glashobby webshop is entitled to alter prices and to improve possible mistakes. If the customer has ordered, based on a (protected) published price list,  and prices were planned to be altered, then the customer will be informed of this by E-mail.
If altering the prices, were altered upwards, the customer will be entitled to cancel the order within the next 2 days. Glashobby webshop cannot be held liable for any possible (printing) errors in its prices or terms and conditions.

Article 6. Delivery

1.  On acceptance of an order, Glashobby webshop will pack the goods within 2 – 4 working days, and will offer them to either TNT Post or other postal services, which subsequently will  deliver the parcel at the address indicated by the customer, unless agreed otherwise with the customer in previous written consultations.

2. Shipping times as given to the customer via written consultations are indications; not warranties. Parcels may incur unexpected delays at the Postal services. Glashobby webshop does not have any control over this, and cannot be held liable for such delays. Any possible delays incurred at the Customs of the designated country are at the customer’s own risk.

3. Shipping time commences at the moment the parcel is submitted to TNT Post or other Postal services
4. If a parcel (in case of Export from The Netherlands) is not delivered within the stated time indication, no action will be taken for 4 weeks at minimum. The reason for this is that the delayed parcel may still be delivered within that period.

5. For deliveries outside of the EU: any possible import tariffs for certain products are on account of the customer. The customer is required to be aware of import provisions in his/her country prior to ordering. Glashobby webshop has no control over this and cannot be held liable for it.

6. Any costs regarding delivery are on the account of the customer.

7. The customer is obliged to accept the goods purchased at the moment when these are made available to him, or handed over to him.

8. If the customer refuses to accept the goods, or is negligent in providing directions or the correct address, then the goods intended for delivery will be stored at the customer’s own risk. Any possible additional costs for repeated deliveries or storage of these goods will be on customer’s account.

9. Not all parcels will be automatically insured. Insurance of a parcel depends on the value and/or the contents of the parcel and the demands of the customer. If, after consultation with Glashobby webshop  and the customer insurance of a parcel is agreed  Glashobby webshop is able to initiate an investigation, in case a parcel goes missing, or gets damaged during transport at TNT Post or other postal services.

10. If Glashobby webshop requires relevant details of the customer in order to adhere to the agreement, then delivery commences after the customer has submitted these to Glashobby webshop

Article 7. Warranty

1. Glashobby webshop warrants that all products delivered, will meet at least the warranties given by the OEM ( Original Equipment Manufacturer). Glashobby webshop will do its utmost to ensure that ordered goods are treated with the greatest possible care during handling and to meet the demands of adequate packaging.

2. No warranty will be provided for goods of which it is evident that:
  1. The customer or third parties have altered the goods or have attempted to alter the goods, without knowledge or written approval
  2. The goods have been used for purposes for which they were not intended.

Article 8. Receipt

1. The Customer is required to inspect the delivery (or to have it inspected) immediately at the moment the items are made available to him, or at the moment the relevant delivery services have  completed their delivery, respectively. In such inspections, the Customer is required to inspect whether quality and/or quantity of the delivery corresponds to what has been agreed upon, and meets the demands agreed upon by parties concerning the matter. Glashobby webshop is required to be notified of any possible defects within 48 hours of their discovery by E-mail, at  info@glashobby-webshop.nl , stating the number listed on the packing note.
2. If the customer receive parcels with clearly damaged packaging and the customer suspect also damaging of the content of the packaging, the customer has to act as follows:
  1. The customer is obliged to make photographs of the parcels as they were delivered.
  2. The customer is obliged to write on the delivery receipt voucher that the delivery is “accepted under subject to damage”
  3. The customer is obliged to receive (or to make ) a copy of the Delivery receipt voucher. The company that  delivered can leave now.
  4. The customer is obliged to check the content of the parcels immediately. If the content of the parcels is damaged, the  customer is  obliged to report these damages as detailed as possible, within 48 hours to Glashobby webshop, complemented with photographic proof. Only then claims of damaged goods are accepted and investigated by Glashobby webshop. The Customer is obliged to enable Glashobby webshop to investigate a complaint, or to have it investigated.
  5. Goods can be returned exclusively after consultation with Glashobby webshop and a written approval of Glashobby webshop.
  6. In case damaged goods are returned by the customer, the transport costs are at customers expense. Replacement of the damaged goods, will be at the expense of Glashobby webshop.

Article 9. Liability

1. In cases where Glashobby webshop is liable, such liability will be limited to what is set out in these stipulations.

2. If goods delivered by Glashobby webshop are not in proper condition, liability of Glashobby webshop is limited to what has been arranged in our terms and conditions under “warranties”.

3. If the manufacturer of goods delivered is liable for consequential loss, liability of Glashobby webshop is limited to replacing these goods, or to reimbursement of the purchasing price.

4. The customer bears personal responsibility for his or her choice of products and their storage and handling. Glashobby webshop is not liable if losses that have arisen are due to intent, fault and/or culpable action, or injudicious or improper use by the customer.

5. Glashobby webshop is not liable for losses of any kind, which could be caused by incorrect and/or incomplete data provided by the customer.

6. Glashobby webshop is only ever liable for direct losses in case of: .
obvious lack of concern for transport packaging, deliberate non-compliance with written agreed customer agreements.

7. Glashobby webshop is never liable for indirect losses, including consequential loss, loss of profit, savings missed, and losses due to corporate and/or other kinds of stagnation.

8. In any event, liability of Glashobby webshop is limited to the amount paid out by its insurer as the occasion arises.

9. Glashobby webshop can not be held responsible for misprints, writing and / or counting errors, misinterpretation of product information, quotations, order confirmations or invoices, improper use of products and / or materials, or any consequence thereof.

10. The limitations of liability included in this article do not apply if losses are due to intent of, or gross negligence by Glashobby webshop.

Article 10. Transfer of Risk

1. Risk off loss or damage to products which are the subject of the agreement, is transferred to the customer at the moment such products are legally and/or actually delivered to the customer, thereby available to the customer or of third parties appointed by the customer.

Article 11. Payment

1. No rights may be derived from erroneous prices and images.

2. Payment is required to occur in advance by either Bank or PayPal or Cash. Processing and shipment of goods ordered occur after payment by the customer.

3  Glashobby webshop will never forward Customer information
to third parties, unless with written approval of the Customer, one acts in accordance with the Dutch Privacy legislation (e.g. Wet op de Persoonsregistratie).

Article 12. Right to Termination of the Agreement

1. The customer is entitled to cancel the purchase without stating grounds for doing so, during a period of 7 working days. Glashobby webshop must be notified of this in writing. Any costs incurred for returning the goods are on account of the customer.

2. The customer may only actually cancel the purchase without stating grounds for doing so if the relevant goods are complete, undamaged, and in unused condition, and in their original packaging.

3 The customer is fully responsible for the return, the method of shipment and any insurance of the shipment.

4 If after a return to Glashobby webshop, by these, shows that there is damage to the returned package, or that the returned products do not comply with Section 2 of this article, the customer will be notified utmost within two working days.

5 Section 1 of this article is not applicable for Books, CD’s, Glass, Glass Cutters, unseald packagings of paints, chemicals et. other tools and/or equipment that could be used  and Clearance Sales.

Article 13. Complaints

1. If goods ordered do not meet the expectations of the customer due to breakage, damage, or faulty delivery, the customer is required to inform Glashobby webshop of this within 48 hours of receipt of the goods. If Glashobby webshop does not receive a complaint within the term stated above, all deliveries are assumed to match the order.

Article 14. Intellectual Property

1. Glashobby webshop reserves all rights and competences belonging to it on grounds of the Dutch Copyright Act (Auteurswet), and any other laws and legislation on intellectual property.

2. Glashobby webshop is owner and/or licensee of all copyrights, database applications, (Own) brands, and any other intellectual property rights included in this website. Concept, structure, layout, and design are the exclusive property of Glashobby webshop.

3. Should the above matters be used by the customer, then this will be done only by him or her, and these will not be multiplied, published, or brought to the attention of third parties except by prior written approval of Glashobby webshop

Article 15. Force Majeure

1. Neither Glashobby webshop, nor the customer, are held to meeting any of their obligations if they are prevented in doing so because of circumstances which cannot be attributed to fault, and cannot be accounted to them by force of law, a legal act, or notions held within other legislations or parts of legislations in force.

2. In addition to what is understood as such within law and jurisprudence, these General Terms and Conditions interpret as force majeure any external causes, foreseen or unforeseen, on which Glashobby webshop can exert no influence, but because of which Glashobby webshop is unable to meet its obligations.

3. Glashobby webshop is also entitled to appeal to force majeure if circumstances such as those described above take effect after Glashobby webshop was to meet its obligations.

Article 16. Applicable Law and Disputes

1. Dutch Law exclusively governs all legal relationships in which Glashobby webshop is a party; even if a relationship is wholly or partially implemented abroad, or if the party involved in the legal relationship is a resident of a foreign nation. Applicability of the UN Convention on the International Sale of Goods is precluded.

2. Parties will first appeal to a court of Law, after having made their utmost efforts to settle a dispute by mutual agreement.

Article 17. Deposit and Amendment of Terms and Conditions

1. These terms and conditions have been deposited at Kamer van Koophandel  Midden Nederland (Chamber of Commerce Mid Netherlands) at number 30202767

2. The version deposited last is always applicable, and/or the version as it existed at the moment the legal relationship with Glashobby webshop was entered into.

3. The Dutch version of these general terms and condition is decisive for its interpretation at all times.

4. The Dutch version of these General Terms and Condition prevails over its translated versions.