Article 1: General
1.1 123Paracord B.V. has the objective to conduct retail business. 123Paracord is registered in the trade register of the Chamber of Commerce in Amsterdam under file number 78342465. The VAT-number is NL861356615B01.
1.2 These general conditions apply to all offers and all agreements reached.
1.3 If there is a difference between these general terms and conditions and the order confirmation in which these general terms and conditions are declared applicable, the agreements in the order confirmation take precedence.
1.4 The fact that products or services at any time on the site of 123Paracord are offered, does not guarantee that these products or services at any time to withdraw.
Article 2: The agreement
2.1 The agreement is established at the time that the offer of 123Paracord is accepted.
2.2 If the offer is accepted electronically, 123Paracord immediately confirms that the offer has been accepted. This confirmation will be sent electronically.
Article 3: Shipping and delivery
3.1 Products that are ordered before 14:00 hours, will be shipped the same day.
3.2 123Paracord reserves the right to deviate from paragraph 1. In that case, the product will be shipped within 30 days.
3.3 123Paracord is not responsible or liable for any delays incurred by crowds or other delays at the transport companies. If possible, 123Paracord sends a message about this.
3.4 The place of delivery is the address that is made known to 123Paracord.
Article 4: Retention of title
4.1 123Paracord remains owner of all the delivered goods until the payment has been fulfilled.
Article 5: Revocation
5.1 The consumer can terminate an agreement with regard to the purchase of a product during a reflection period of 14 days without giving any reason.
5.2 The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product.
5.3 If the consumer uses his right of withdrawal, he shall notify this within the cooling-off period by means of the model form for withdrawal or in any other unambiguous manner to 123Paracord (123paracord, Witte Paardweg 26, 1521 PV Wormerveer, [email protected]). This can be done by letter by post or by e-mail.
5.4 The consumer must use the product within 14 days after he has made known to use the right of withdrawal to return the product to 123Paracord.
5.5 The risk and the burden of proof of the correct and timely exercise of the right of withdrawal lies with the consumer.
5.6 If the consumer exercises his right of withdrawal, all supplementary agreements will be legally terminated.
5.7 The right of withdrawal does not apply to custom-made products. This includes paracord that has been measured specifically to the wishes of the customer.
5.8 If the consumer uses the right of withdrawal, then 123Paracord can charge shipping costs.
5.9 123Paracord will refund the purchase price within 14 days after receipt of the returned product. For the refund the same means of payment will be used as was used for the original transaction.
5.10 The consumer has to pay for any depreciation in value if this depreciation is the result of a treatment of the goods which is not necessary to check the nature, properties and functionality of the goods.
Article 6: Obligations during the cooling-off period
6.1 During the reflection period, the consumer must handle the product and packaging with care. The consumer may only try out the product to determine whether the product meets the requirements. Using the product in any other way is not allowed.
6.2 If the product has been used, the consumer can no longer make use of the right of withdrawal.
Article 7: Liability
7.1 123Paracord is not liable for untimely or unclear delivery of information or for obvious clerical errors, regardless of from whom the information originates or to whom this information is provided.
7.2 123Paracord is not liable for damage caused by products used in a manner where it is not intended and / or the load capacity is not sufficient.
7.3 Because paracord is stretchable, 123Paracord is not responsible and liable for deviations of paracord of up to 5% of the ordered size, even if this deviation occurs over time.
7.4 Any liability shall be limited to the amount paid out in the relevant case under the liability insurance. If for any reason whatsoever no payment is made by the insurer, then all liability is limited to the amount charged for the assignment in question.
7.5 The right to compensation for damages expires in any case one year after the event from which the damage directly or indirectly resulted and for which 123paracord is liable.
7.6 The client indemnifies 123Paracord and its auxiliary persons against claims by third parties, who claim to have suffered damages by or in connection with the work performed by 123Paracord on behalf of the client as well as against the costs incurred by 123Paracord in defending such claims.
Article 8: Intellectual property
8.1 It is not allowed to infringe the intellectual property rights of 123Paracord.
8.2 If the intellectual property rights of 123Paracord are infringed, then for each day that the infringement continues, an immediately payable penalty of € 750.00 is due. 123Paracord retains the right to obtain compensation for its damages caused by the infringement or to take other legal action in order to terminate the infringement and/or to recover the damages.
Article 9: Modification of these terms
9.1 123Paracord reserves the right to modify or supplement these terms and conditions.
9.2 If any provision of the agreement and / or the terms and conditions is void or voidable, this does not affect the validity of the entire agreement and / or terms and conditions. In such a situation 123Paracord and the client will agree on a replacement of (a) new provision(s), which as much as (legally) possible reflects the intent of the original agreement and / or terms and conditions.
Article 10: Applicable law and disputes
10.1 These terms and conditions and all agreements between the customer and 123Paracord are governed by Dutch law.
10.2 The applicability of the Vienna Sales Convention is excluded.
10.3 All disputes will first be resolved by mutual agreement. If the parties do not come to a mutual agreement, then the parties will try to solve the dispute through mediation. The mediator will be chosen in joint consultation. If this does not have the desired effect, the dispute will be settled by the North Holland District Court.
10.4 It is also possible for consumers in the EU to register complaints via the European Commission's ODR platform. This ODR platform is available at http://ec.europa.eu/odr. If your complaint is not yet available elsewhere you can submit your complaint via the European Union platform.