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General Terms and Conditions General Terms and Conditions
Article 1. Application
These general conditions apply to all offers of Design @ Shirleys and on all contracted agreements with Design @ Shirleys. Particularly these conditions also apply to agreements to supply product to our purchasers.

Wherever in these general terms and conditions reference is made to "purchaser" it is understood to be every visitor of this webshop or each natural or legal person who enters or intends to enter into a contractual relationship with us. Particularly under "purchaser" it is also understood the one who accepts our offer and on whose account product is delivered.

Of the general terms and conditions stipulated herein can be only deviated exclusively if and insofar this has corresponded explicitly, in writing.

Should purchaser to (be) also make reference to general conditions, said conditions of purchaser do not apply.

Where it is spoken in these general terms and conditions of "supply (of product)", it is also understood any services and activities of whichever nature performed by us.

Article 2. Offers
All our price quotations must be considered as invitations to the potential purchaser to buying product. They bind us therefore in absolutely no manner, unless the opposite has been explicitly and unambiquously (in writing) stipulated in the price quotation. Agreement to sell product is reached after receipt of our order confirmation containing the price quotation by purchaser.

The following shall also be considered part of our price quotation: designs, drawings, models, monsters, descriptions, images and such, as well as possible appendices and records which are related to our price quotation.

All this remains our property, and shall not be supplied to third parties without our explicit prior written authorisation. Furthermore we preserve all rights to intellectual and industrial property.

Article 3. production agreement
An agreement with us is entered into when we have accepted an order by e-mail. This shall be the case whenever the order confirmation has been sent by us by e-mail.

The order confirmation as sent by us is considered to reflect the contents of the closed agreement entirely and correctly. Purchaser is considered to agree to the contents of said order confirmation, unless otherwise indicated within 8 days after date of our order confirmation in writing or via e-mail.

Possible additional agreements and/or promises made and/or done by our employees, or on behalf of us made and/or done by other persons who act as a representative, are only binding to us when having been confirmed by us in writing.

Article 4. Prices and Payments
Our prices are including VAT and unless explicitly and otherwise corresponded, exclusively cost for transport and remaining costs.

The prices mentioned in price quotations, contracts and order confirmations are based on at the time of production of the agreement the applying cost factors, such as currency rates, manufacturer prices, raw material - and material prices, remunerations - and transport charges, insurance premiums, taxes, import duties and other levies by the government.

Article 5. Terms of delivery
The delivery periods stipulated by us commence on the day on which the agreement has been entered into, provided that we are in receipt of all required data necessary for the implementation of the order. Delivery periods stipulated by us will never be considered as fatal period, unless it has explicitly been corresponded differently in the individual agreement.

Delivery shall be done on the address as provided by purchaser at the time of entering into the agreement.

Should purchaser request delivery to be made in another then usual manner, then all costs in relation thereto will be charged to purchaser. If delivery is made in parts, we reserve the right to consider each delivery as a separate operation.

Article 6. Return of products
Purchaser is solely responsible for the correctness and the completeness of the relevant data provided to us. Purchaser must take into account the usual deviations and small modifications in matter provided by us. More in particular this applies to deviations of the contracted quantity; here too the purchaser must take into account usual deviations.

Product provides by us can therefore deviate from the description in the order if and insofar it concerns small color and or weight differences, quantity differences and inferiors modifications.

Complaints of purchaser, which are related to externally perceptible deficiencies to product, must be notified by purchaser within 8 days upon receipt (or within 8 days after invoice date). This must occur by e-mail with a clear and precise description of the complaint and the invoice number. Purchaser must perform a careful and swift control of the products immediately upon receipt.

In disputes regarding the quality of product delivered by us, a company well known for its good reputation shall do a binding proclamation.

Article 7. guarantee and liability
Purchaser can enforce his right to guarantee but in this case our liability is restricted to lacks which are a consequence of fabricage and material faults.

In case of return of goods we are, if said return has been validated, and it has been determined to concern quality, liable as stipulated in paragraph 1, we have the right to choose at our own discretion to -: (free of charge) convalescence of lacks; supply of replacing matter c.q components, after receipt of the poor matter c.q components; refund of the received payment along with dissolution without legal mediation of the closed agreement.

If the purchaser without preceding, explicit and written authorisation to the matter has carried out repairings and/or modifications/does carry out, each guarantee obligation from our side shall expire.

Subject to possible obligations us on account of the above we have been never loved to payment enigerlei damages to the purchaser and others, unless there is talk of set-up or debt onzerzijds (by those who keep us for responsible with the resources by right to show). Particularly we also never responsible for consequence - or company damage, direct - or indirect damage, how also called winstderving and stilstandschade included - has been suffered by the constituent, his inferiors and at or by him tewerkgestelden or third parties arise, by complete or partial (her)leveringen of matter, slowed down or ondeugdelijke supply, or staying away supply of matter or by the matter himself.

The guarantee applies to a period of two (2) months on bought Article. This guarantee does not apply in the case there talk is of wear and these as normal can be considered and further in the following cases: incompetently use, set-up or grove distraction, water damage, congelation and pollution. Furthermore the guarantee does not apply explicitly if in the web shop indicated tips concerning to carry has not been observed and keeping Article. The relevance of the guarantee is to assess us.

The purchaser has not been entitled the matter about which no motivated publicity exists to send back. This nevertheless occurs without valid reasons, then its all costs to consignment linked at the expense of the purchaser. We are account and store risk of the purchaser under third parties in that case rather the matter for. Goods purchased on sales cannot be returned.

In case of consignment all costs of consignment are at all times at the expense of the purchaser.

Article 8. Ownership
Goods ordered by purchaser shall remain our property untill full payment has been received from purchaser.

Article 9. payment
Payments must be made in advance, in euro, unless otherwise corresponded, without any subtraction or discount by money transfer into a bank account as designated by us before delivery of product.As date of payment shall be considered the date the payment has been transferred into our account.

If the purchaser does not proceed swiftly to (complete) payment, he will be consisered in breach. We then have the right to suspend our obligations towards the purchaser.

Also we are entitled to demand payment upfront before delivering any further product. Furthermore, we are entitled to dissolve the agreement without legal mediation.

Article 10. Force Majeur
In case of force majeure we are not obliged to honour our obligations to purchaser or the obligation is held up for as long as the force majeure lasts. Force majeure is any circumstance we have no control over, preventing us from honouring its obligations towards purchaser fully or partially. These circumstances include strike, fire, business disturbance, energy supply faults, non-delivery or not-in-time delivery by suppliers or other called in third parties and the absence of any government issued license. Disturbances in a (telecommunication) network or used communication systems as well as the unavailability of the internet site at any time are also understood by Force majeure.

Article 11. appropriate right
To our price quotations and on all our contracted agreements Dutch right shall exclusively apply.

Article 12. dispute settlement
All disputes of whatever nature concerning with/resulting by our contracted agreements and by our delivered products shall be tried by a competent judge in the Netherlands.

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