General terms of business
Article 1. Applicability
1.1 These General Terms of Sale apply to all offers from and agreements with Sefa, unless exempted by specific other terms of agreement.
1.2 By accepting an offer or placing an order you accept the applicability of these Terms.
1.3 Any waiver of any provision of these Terms will be effective only if in writing, in which case the remainder of provisions will still fully apply.
1.4 All rights and agreements contained in these Terms and possible further agreements regarding Sefa, also apply to any distributors and third parties licensed by Sefa.
Article 2. Prices and payment
2.1 All prices stated for available products and services are stated in euro’s and include VAT, unless stated otherwise or agreed upon in writing.
2.2 Payment may take place by means of PIN or Creditcard at the Sefa Store (Roetersstraat 11, Kamer E0.02, Amsterdam). Products will only be delivered when the entire sum owed on the basis of any agreement with Sefa has been fulfilled.
2.3 Each record of fees is based on current prices. If these prices are changed after the agreement is reached, Sefa reserves the right to adjust these prices after a reasonable fashion, particularly in the occasion of currency fluctuations and when base prices are raised by distributors.
2.4 In the occasion of reasonable costs made by Sefa in relation to the sale, these costs may be charged to the customer.
Article 3. Sefa deliveries
3.1 Sefa and its suppliers do their utmost to guarantee a good and timely delivery. In the event of a delayed delivery you will be notified. A delay in delivery will not be a reason for any compensation.
3.2 In the case that the delivery is delayed to such an extent that it cannot reasonably be expected that the agreement remains valid, one may remove the order or annul the agreement if necessary.
Article 4. Liability
4.1 It is your responsibility to check whether the products fit the agreement on delivery. If this is not the case, Sefa should be contacted as soon as possible, in writing and with motivation, and at least within seven (7) working days after delivery, insofar as noncompliance can reasonably be noted.
4.2 If demonstrated that the delivered products do not match the agreement, Sefa can either choose to replace these products or provide a full refund upon returning of the products.
4.3 If you would not want to accept a product for whatever reason, you are allowed to return the product to Sefa within seven (7) working days after delivery. Returns will only be accepted when the product is not damaged and the plastic sealing the package has not been broken.
Article 5. Exceptional circumstances
5.1 In the event of exceptional circumstances Sefa retains the right, after its own insight, to delay your order or to annul the agreement without any legal intervention, by informing you of such. This will not bind Sefa to any compensations, unless this cannot reasonably and justly be accepted.
5.2 Exceptional circumstances are considered to encompass any shortcoming that cannot reasonably be blamed on Sefa, because it is not caused by Sefa nor can be accounted to Sefa on the grounds of law, legal practice or legal antecedent.
5.3 If such an exceptional circumstance should arise, Sefa will communicate this promptly. You then retain the right to annul the agreement in writing, within fourteen (14) days upon receiving this notice, though under the obligation of accepting and paying any part of the order already delivered.
Article 6. Miscellaneous
6.1 If any provision of this agreement or any other agreement with Sefa is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted and replaced by a new legally acceptable provision to be defined by Sefa.
6.2 Sefa reserves the right to employ a third party to execute your order(s).
Article 7. Governing law and jurisdiction
7.1 To all rights, commitments, offers, orders and agreements to which these Terms apply, as well as to these Terms, only the Dutch law applies.
7.2 Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement shall be referred to competent jurisdiction within the Netherlands.