GENERAL TERMS AND CONDITIONS
General Terms and Conditions of PORT EXCLUSIVE, established in Amsterdam. PORT EXCLUSIVE includes the following website: portexclusive.nl.
- These general conditions apply to all offers of PORT EXCLUSIVE. The conditions are accessible to everyone and included on the website of PORT EXCLUSIVE.
- By placing an order you agree to the delivery and payment terms.
- Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognized by PORT EXCLUSIVE.
- PORT EXCLUSIVE guarantees that the product delivered corresponds to the agreement and meets the specifications listed in the offer.
- Delivery takes place as long as stocks last.
- Delivery takes place at the delivery address provided by the buyer and at the expense of the buyer.
- Within the framework of the rules of distance selling, PORT EXCLUSIVE will execute orders at least within 30 days. If this is not possible (because the ordered items are out of stock or no longer available), or for other reasons, or an order can not or only partially carried out, the consumer receives within 1 month after placing the order message and in that case he has the right to cancel the order without cost and notice.
- The PORT EXCLUSIVE’s obligation to deliver shall, subject to proof to the contrary, be deemed to have been met once the goods delivered by PORT EXCLUSIVE have been offered to the transferee. In the case of home delivery, the carrier’s report of refusal to accept shall constitute full proof of the offer to deliver.
- All terms mentioned on the internet site are indicative. No rights can therefore be derived from the deadlines mentioned.
- From € 75, – no shipping costs.
- All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
- All prices on the site are in Euros and include 21% VAT.
- Secure online payments through Payment Service Provider ICEPAYICEPAY makes it possible for merchants to offer various online payment methods, such as iDEAL and PayPal, in their webshop. This way, you as a consumer can make your online payments within a user-friendly and safe payment environment. ICEPAY is only responsible for the handling of your payment and has no influence on the delivery of your online purchases. You can find additional information about your online payment through ICEPAY on the ICEPAY website.
4. Trial period / right of withdrawal
- In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the goods delivered within a period of 7 working days without stating the reason. This period begins at the time the ordered goods are delivered. If the buyer at the end of this period the goods delivered to PORT EXCLUSIVE not returned, the sale is a fact. The purchaser is obliged, before proceeding to return, within the period of 14 days after delivery to PORT EXCLUSIVE report to the customer. The customer must prove that the delivered goods have been returned in time, for example by means of a proof of postal delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the buyer, the right to dissolution within the meaning of this paragraph shall lapse. Subject to the provisions in the preceding sentence, PORT EXCLUSIVE ensure that within 30 days after receipt of the return, the full purchase amount including the shipping costs will be refunded to the buyer. The return of the delivered goods is entirely at the expense and risk of the customer.
- The right of withdrawal does not apply to:
- goods made to the consumer’s specifications, for example custom-made goods, or which have a clearly personal character goods or services which by their nature cannot be returned, for example because of hygiene or which spoil or age quickly.
5. Data management
- PORT EXCLUSIVE respects the privacy of users of the Internet site and ensures the confidentiality of your personal information.
- PORT EXCLUSIVE uses a mailing list in some cases. Each mailing includes instructions on how to remove yourself from this list.
- PORT EXCLUSIVE guarantees that the products supplied by it meet the requirements of usability, reliability and longevity as reasonably intended by the parties in the purchase agreement.
- PORT EXCLUSIVE is never responsible for the final suitability of the goods for each individual application by the buyer, nor for any advice regarding the use or application of the goods.
- The buyer is obliged to check the delivered goods immediately upon receipt. If it transpires that the delivered item is wrong, defective or incomplete, then the purchaser must (before proceeding to return it to PORT EXCLUSIVE) immediately report these defects to the customer service of PORT EXCLUSIVE. Any defects or faulty goods delivered must and can be up to 2 months after delivery to PORT EXCLUSIVE reported in writing. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Use after detection of the defect, damage occurring after detection of the defect, encumbrance and/or resale after detection of the defect shall render this right of complaint and return completely null and void.
- If complaints by the purchaser are found to be well-founded by PORT EXCLUSIVE, PORT EXCLUSIVE shall at its option either replace the goods delivered free of charge or negotiate a written settlement with the purchaser regarding compensation, on the understanding that the liability of PORT EXCLUSIVE and, by extension, the amount of compensation is at all times limited to the amount of the invoice for the goods in question, or (at the discretion of PORT EXCLUSIVE) to the maximum amount covered by the liability insurance of PORT EXCLUSIVE in the case in question. Any liability of PORT EXCLUSIVE for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential loss or damage due to loss of profits.
- PORT EXCLUSIVE is not liable for any damage caused by intent or equivalent recklessness of non-managerial staff.
- This guarantee does not apply if:
- as long as the purchaser is in default towards PORT EXCLUSIVE;
- the purchaser has processed the delivered goods himself or has had them processed by third parties;
- The delivered goods have been exposed to abnormal conditions or otherwise carelessly handled or contrary to the instructions of PORT EXCLUSIVE and / or instructions for use on the packaging;
- the inadequacy is wholly or partly the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used;
- Offers are without obligation, unless stated otherwise in the offer.
- Upon acceptance of a non-binding offer by the buyer, PORT EXCLUSIVE reserves the right to revoke or waive the offer within the period of 3 working days from receipt of such acceptance.
- Verbal undertakings are only binding upon PORT EXCLUSIVE after they have been expressly confirmed in writing.
- Offers made by PORT EXCLUSIVE do not automatically apply to repeat orders.
- PORT EXCLUSIVE cannot be held to its offer if the buyer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
- Supplements, amendments and/or further agreements are only effective if agreed in writing.
- An agreement between PORT EXCLUSIVE and a customer comes into effect after an order is PORT EXCLUSIVE assessed for feasibility.
- PORT EXCLUSIVE reserves the right not to accept orders or assignments without giving any reason or only to accept under the condition that the shipment is made C.O.D. or after prepayment.
9. Images and specifications
- All images, photos, drawings, etc., including data on weights, dimensions, colors, images of labels, etc. on the website of PORT EXCLUSIVE are approximate only, are indicative and may not be grounds for compensation or dissolution of the contract.
10. Force majeure
- PORT EXCLUSIVE is not liable if and to the extent that its commitments cannot be met due to force majeure.
- Force majeure is understood to mean any strange cause, as well as any circumstance which should not reasonably be at the risk of the company. Delay at or failure to perform by our suppliers, internet disruptions, electricity disruptions, email traffic disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and / or manufacturers of PORT EXCLUSIVE as well as auxiliary persons, sickness of staff, deficiencies in auxiliary or transport means shall expressly be considered as force majeure.
- In the event of force majeure, PORT EXCLUSIVE reserves the right to suspend its obligations and is also entitled to terminate all or part of the contract, or to demand that the content of the contract be changed in such a way that execution remains possible. In no event shall PORT EXCLUSIVE be liable to pay any penalty or indemnity.
- If PORT EXCLUSIVE has already met part of its obligations when the force majeure arises or can meet only part of its obligations, it shall be entitled to invoice the part already delivered or the part which can be delivered separately and the purchaser shall be obliged to settle this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
- PORT EXCLUSIVE is not liable for damage to objects caused by misuse of the products. Before use, read the instructions on the packaging and/or consult our website.
12. Retention of title
- PORT EXCLUSIVE shall retain title to all goods sold and delivered to the purchaser for as long as the purchaser has not satisfied the claims of PORT EXCLUSIVE by virtue of the agreement or previous or subsequent similar agreements, for as long as the purchaser has not yet paid the work performed or to be performed under this or similar contracts and for as long as the purchaser has not yet paid the claims of PORT EXCLUSIVE for failure to meet such commitments, including claims in respect of penalties, interest and costs, all as referred to in Article 3:92 DUTCH CIVIL CODE.
- The goods delivered by PORT EXCLUSIVE subject to retention of title may only be resold in the normal course of business and may never be used as a means of payment.
- The customer is not authorised to pledge or otherwise encumber goods subject to retention of title.
- The purchaser gives PORT EXCLUSIVE or a third party appointed by PORT EXCLUSIVE unconditional and irrevocable permission, in all cases where PORT EXCLUSIVE wants to exercise its property rights, to enter all those places where its property will be located and to take those goods there.
- If third parties seize goods delivered subject to reservation of title or wish to establish or assert rights to them, the buyer shall be required to inform PORT EXCLUSIVE as soon as may reasonably be expected.
13. One-off direct debit
- If you do not agree with a collection from your account, you can contact customer service. You can expect a response within 2 working days. If your dispute is found to be valid, the amount collected will be immediately returned to the account from which it was collected.
14. Applicable law / competent court
- All agreements are governed by Dutch law. Of disputes arising from an agreement between PORT EXCLUSIVE and buyer, which can not be resolved by mutual agreement, the competent court in the district of Lelystad takes knowledge, unless PORT EXCLUSIVE prefer to submit the difference to the competent court of the residence of the buyer, and with the exception of those disputes that fall within the jurisdiction of the district court. If you have any questions about these terms and conditions, please contact us.