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| Terms and Conditions |
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Article 1. Applicability
1.1. All items and products of Stichting Project Aware! (Project Aware! Foundation) in Amsterdam (hereinafter referred to as: SPA) are subject to these General Conditions of Sale (hereinafter referred to as: Conditions) at the exclusion of any other conditions. The Conditions are available online: www.projectaware.nl
1.2. Accepting an offer or placing an order means Client agrees to the applicability of these Conditions.
1.3. One can deviate from the stipulation in these Conditions only in writing, in which case the other stipulations remain in full force.
1.4. All rights and claims, as agreed to in these Conditions and any other contracts for the sake of SPA, too shall be agreed upon for the sake of intermediaries or third parties who have been called in by SPA.
Article 2. Offers / Agreements
2.1. SPA's offers are non-obligatory whereby SPA retains the explicit right to alter prices, especially if such is necessary based on (legal) regulations. See also article 3.
2.2. An agreement shall come about only once SPA has accepted your order. SPA shall have the right to reject your order and to submit delivery to certain conditions, unless explicitly stated otherwise. If an order is not accepted, SPA shall inform the client by e-mail within thirty (30) working days on receiving the order.
2.3. Offers shall remain valid as long as stocks last.
Article 3. Prices and payments
3.1. The prices of the items, products and services in the shop are mentioned in euros, including VAT and exclusive of processing and shipping costs, any taxes or other levies, unless stated otherwise or agreed on in writing.
3.2. Should the prices for the items and/or products offered go up between the order and the processing of the order, you shall have the right to cancel the order, insofar the order has not yet been delivered, and/or annul the agreement within thirty (30) days on the announcement of the price increase by SPA.
3.3. SPA offers the following modes of payment:
- Through bank or giro transfer of the total amount to bank account number 90.25.58.994 in the name of SPA in Amsterdam.
In case of bank or giro transfer the prevailing date of payment shall be the crediting date of SPA's bank account;
- It is also possible to pay the amounts in cash upon direct delivery on SPA events.
- Payments by credit cards through the PAYPAL system.
3.4. Payments are to be made without any discounts or compensation within fourteen (14) days on the ordering date in case of delivery within the Netherlands, and within twenty-one (21) days on the ordering date in case of delivery outside the Netherlands. Any payment-related costs are to be paid by the client.
3.5. Should client fail to pay, SPA shall have the right to suspend and annul (the execution of) the agreement in concern and related agreements.
Article 4. Delivery
4.1. Having received the client's payment the goods/products shall be delivered within thirty (30) days. Delivery shall always take place only inside Europe.
4.2. Delivery times stated by SPA are but indicative. Exceeding any delivery period does not entitle client to compensation nor does it give client the right to cancel the order or annul the agreement, unless delivery time has been exceeded such that the client cannot be expected to maintain the agreement in fairness. In such case the client will have the right to cancel the order and/or annul the agreement insofar necessary.
4.3. Products are expected to be delivered at the location and the time on which products are ready for shipping.
4.4. SPA is not responsible when post is delayed or when not-insured parcels are lost in the mail.
Article 5. Retention of title
5.1. The ownership of the products delivered shall be transferred only once client has paid all the amounts indebted to SPA by virtue of any agreement. Products risk shall transfer to the client upon delivery.
Article 6. Intellectual and industrial property rights
6.1. Client is to respect fully and unconditionally all the intellectual and industrial property rights that fall on products delivered by SPA.
6.2. SPA cannot guarantee that the products delivered shall not infringe any written or non-written intellectual and/or industrial property right of third parties.
Article 7. Complaints and liability
7.1. Upon delivery client is to inspect the products to make sure they meet the agreement. If not, client is to inform SPA in writing and stating a well-founded reason within the shortest amount of time and at least within seven (7) working days from delivery, that is once establishment is reasonably possible.
7.2. If products do not meet the agreement, SPA will have to choose whether to replace the returned products by new items and/or products or refund the price paid for the products.
Article 8. Orders / communication
8.1. As for misunderstanding, mutilating, delaying or improperly getting across orders and announcements as a result of use if Internet or any other means of communication between Client and SPA, or between SPA and third parties, insofar such regards the relationship between Client and SPA, SPA shall not be held liable, unless and insofar SPA acts on purpose or is guilty of gross negligence.
Article 9. Force majeure
9.1. Without prejudice to all of its other rights, in case of force majeure SPA shall have the right to choose whether to carry out the order at a later stage, or annul the agreement without judicial intervention, such on informing the client in writing and without SPA being held liable for any compensation, unless under stated circumstances and in accordance with requirements of reasonableness and fairness such is unacceptable.
9.2. Force majeure is taken to mean each shortcoming that cannot be attributed to SPA, for the fault does not lie with SPA, nor is SPA obliged to pay by virtue of the law, juristic act or any generally accepted practices.
Article 10. Miscellaneous
10.1. Should Client state address to SPA in writing, SPA shall have the right to deliver all orders to specified address, unless Client submits another address at which client wishes to receive the goods.
10.2. If SPA allows deviations from these Conditions, whether tacitly or not, such shall not interfere with the right to nevertheless demand direct and strict observance of these Conditions. Client shall never be entitled to lay claim based on SPA applying these Conditions in a flexible manner.
10.3. Should at least one of the stipulations of these Conditions or any other agreement with SPA be in conflict with any applicable legal regulation, the stipulation in concern shall be cancelled and replaced by SPA by a new rightfully and legally acceptable and comparable stipulation.
10.4. On carrying out orders SPA shall have the right to call in third parties.
Article 11. Applicable law and competent court
11.1. Dutch law only shall apply to all rights, commitments, offers, orders and agreements which are subject to these Conditions.
11.2. Disputes between parties shall only be submitted to the competent court in Amsterdam, the Netherlands.
Article 12. Personal details
12.1. Order details are to be used only to carry out the order (ship and invoice). Your details are never to be forwarded to third parties in any way nor shall they be used in addition to our Aware! mailing list, for advertising or charity purposes.
Article 13. Complaints
13.1. If you want to submit any complaints or questions with regard to items/products delivered by SPA or regarding the ordering procedure, client shall send an e-mail to shop@projectaware.com. Client shall receive a reply and, if applicable, a proposal as to how to handle the complaint, within thirty (30) working days. Should the proposal as to how to handle the complaint not satisfy the client, SPA shall agree to intermediation from the Consumers' Association or any other external disputes committee or ombudsman to be appointed by the client.
SPA is not affiliated with any external disputes committee or disputes organisation for handling complaints.
Article 14. Purpose and incomes
14.1. Incomes received from the selling of items and products shall entirely be used to support the objectives of SPA.
Article 15. Helpdesk / Customer Service
15.1 Clients can contact the helpdesk and customer service only in writing.
By email:
* shop@projectaware.com
or by sending the writing to below address:
* Stichting Project Aware!
attn. Aware! Shop
Overschiestraat 55
1062 HN Amsterdam
The Netherlands
Account number: 90.25.58.994 in the name of Stichting Project Aware! Amsterdam
SPA: Amsterdam Chamber of Commerce no.: 34203097 VATnr.: NL8134.30.227.B01 |
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