TERMS & CONDITIONS
- Article 1. Definitions
- Article 2. Relevance
- Article 3. Offers and tenders
- Article 4. Order Confirmation and Agreement
- Article 5. Price
- Article 6. Delivery
- Article 7. Warranty
- Article 8. Receipt
- Article 9. Liability
- Article 10. Transfer of risk
- Article 11. Payment
- Article 12. Right of termination of the contract
- Article 13. Complaints
- Article 14. Intellectual Property
- Article 15. Force Majeure
- Article 16. Applicable law and disputes
Article 1. Definitions
Referenc.eu is operated by or on behalf of Premium Inc. Retail B.V., Piekstraat 71, 3071 EL Rotterdam The Netherlands.
Article 2. Relevance
1. These Conditions apply to every offer, tender and agreement between the REFERENC Online Store and a Customer on which the REFERENC Online Store has declared to apply these Conditions, insofar as parties have not explicitly deviated from these Terms and Conditions in writing.
2. The relevant Terms and Conditions also apply to agreements between the REFERENC Online Store and any third parties engaged by the REFERENC Online Store for delivery.
3. These General Terms and Conditions also apply to employees of the REFERENC Online Store and its management.
4. The applicability of any purchase or other Conditions of the Customer is expressly rejected.
5. If these provisions or several provisions of these Terms and Conditions are at any time partially or completely annulled, the remainder of these Terms and Conditions will remain applicable. If such event occurs, REFERENC Online Store and Customer will consult with each other in order to reach an agreement on new provisions for those that were declared wholly or partially null and void. These will then be compiled and replaced with maximum respect for the objectives and scope of the original provisions.
6. If there is any uncertainty regarding the interpretation of these or more provisions of these General Terms and Conditions, such interpretation shall be made in the spirit of these General Terms and Conditions.
7. Should situations arise between parties not covered by these General Conditions, such situations should be assessed in the spirit of these General Conditions.
8. If the REFERENC Online Store does not continuously ask for strict compliance with these General Terms and Conditions, this does not imply that the provisions contained therein would not apply, or that the REFERENC Online Store loses its rights to strict compliance with these Terms and Conditions in any way or to any extent whatsoever in other cases.
9. The REFERENC Online Store reserves the right to change the General Terms and Conditions and the content of its website.
Article 3. Offers and tenders
1. All offers and special promotions of Referenc.eu are non-binding, unless a deadline for acceptance is stated in the offer. An offer or a promotion expires if the product to which the offer or promotion relates is no longer available in the meantime.
2. REFERENC cannot be held to its offers or promotions if it can reasonably be expected of the Customer that in the offers or promotions, or a part thereof, an apparent error or an error in the writing could have been identified.
3. Prices that are included in an offer or special promotion, include VAT, packaging, shipping and administration costs, unless otherwise indicated.
4. REFERENC.eu is not bound by any acceptance (whether by the provisions mentioned below or otherwise) that differs from what is included in the offer or special promotion. In that case, the acceptance is not in accordance with the offer or special promotion, unless REFERENC.eu indicates otherwise.
5. Compound offers do not oblige REFERENC.eu to perform part of the order at a proportionate amount of the quoted price. Offers and/or special promotions do not automatically apply to future orders.
6. Special promotions do not automatically apply to repeat orders.
Article 4. Order Confirmation and Agreement
1. As soon as possible upon receipt of an order, the REFERENC Online Store will send a confirmation of the order, except in cases where the REFERENC Online Store cannot reasonably be expected to comply with the contract with the customer. REFERENC Online Store reserves the right, for whatever reason and in its sole discretion, not to accept an order and therefore not to confirm the order. Reasons are not limited to: stock availability, problems with receiving an order, or problems with completing an order. On the other hand, there may also be other circumstances that may lead to the rejection of an order.
2. As soon as the REFERENC Online Store receives an order, the customer will be informed by email about the availability of the ordered products. If a product is (temporarily) unavailable, consultation with the customer will follow. After consultation with the customer, the final order will be agreed and confirmed by the REFERENC Online Store. To be able to receive the ordered products, the customer has to make the payment in advance.
3. In exceptional cases, it is possible that some products of the agreed and paid order, for whatever reason, are no longer available. In such a case, the products that are not available at that time will be placed in back order. Delivery (transport) costs related to a backorder delivery are for the account of the customer. The customer has the right to refuse a backorder delivery. The customer must notify the REFERENC Online Store by email. In such a case, the customer will be credited for the value of the products in back order status.
4. This agreement contains all made arrangements between the customer and the REFERENC Online Store, replacing all previous agreements, regulations and/or agreements between the customer and the REFERENC Online Store.
5. Unless there is evidence to the contrary, REFERENC Online Store’s records constitute a valid proof of assigned orders, payments made to REFERENC Online Store by customer, and of the deliveries made by the REFERENC Online Store, recognizing that electronic communication can serve as proof. By accepting these General Terms and Conditions, the customer acknowledges this as well.
Article 5. Price
1. The total amount stated on the order confirmation is final and includes the costs of the processing, the packaging material and the transport of the ordered products.
2. Within the EU, levies or taxes are subject to European regulations.
3. The REFERENC Online Store will only send a separate invoice to the address submitted by the customer after an explicit request from the customer.
4. The REFERENC Online Store is entitled to change prices and correct any errors. If the customer has ordered on the basis of a (protected) published price list and the prices were planned to be changed, then the customer will be informed by email. If a price change has been uploaded, the customer has the right to cancel the order within the next 2 days. The Referenc Online Store cannot be held responsible for any (printing) errors in its prices or Conditions.
Article 6. Delivery
1. As soon as possible after an order has been accepted by the REFERENC Online Store, the products will be offered to DHL. DHL will then deliver the package to the address indicated by the customer, unless previously otherwise agreed in writing with the customer.
2. Delivery times given to the customer in writing are indicative and not binding. Packages may be unexpectedly delayed by the postal services. the REFERENC Online Store has no control over this, and cannot be held liable for such delays. Any delay due to customs clearance in the destination country is at the risk of the customer.
3. The delivery time starts from the moment we hand over the package to DHL or other postal services.
4. If a package (sent from the Netherlands) has not arrived within the specified period, no action will be taken for at least 4 weeks. The reason for this is that the delayed shipment is often still delivered within the mentioned period.
5. For deliveries outside the EU, any import duties for are for the account of the customer. The customer should be aware of the import regulations in his/her country prior to ordering. The REFERENC Online Store has no control over this and cannot be held liable for it.
6. Any costs related to the delivery shall be borne by the customer.
7. The customer is obligated to accept the purchased products at the time they are made available or transferred to him.
8. If the customer refuses to accept the products, or fails to provide instructions or the correct address, then the products intended for delivery will be stored at the customer's own risk. Any additional costs for repeated delivery attempts or storage of these products will be charged to the customer.
9. Not all shipments are automatically insured. Insurance of a shipment depends on value and/or content of the shipment as well as customer requirements. If, after consultation with the REFERENC Online Store and providing the customer has agreed on the insurance, a shipment is lost or damaged during transport, the REFERENC Online Store will request the carrier concerned to conduct an investigation.
10. The REFERENC Online Store can only comply with the delivery terms if the customer has provided the REFERENC Online Store with the relevant data necessary for delivery.
Article 7. Warranty
All REFERENC products are made to the highest quality standards. In the unlikely event that a product is damaged, we will review the damaged article and either replace or repair them free of charge. The warranty covers manufacturing and/or material defects. Normal day-to-day wear and tear is not covered.
Warranty conditions:
- In case of an unfounded complaint, the costs are borne by the customer;
- In case of a justifiable complaint, the REFERENC webshop will decide to either repair (partially repair), replace (partially replace) or refund (partially refund) the article;
- Articles returned for warranty evaluation must be clean and dry. Wet and/or dirty items are not taken into consideration.
Warranty claims will be denied in case of:
- Intentional damage or damage caused by negligence;
- Improper use or improper maintenance;
- Normal wear and tear;
- Damage caused by ignoring or not following the instructions for use;
- Damage caused by nature, human or animal.
Warranty outside the Netherlands
Products that qualify for warranty but are used outside the Netherlands are able to be returned to the REFERENC webshop after consultation. The shipping costs to our warehouse and the return to the customer are borne by the owner of the article.
Article 8. Receipt
1. The Customer is obliged to check the delivery (or have it checked) immediately when the products are made available to him or when the transport services deliver them. During such an inspection, the customer is obliged to check whether the quality and/or number of the delivered products correspond to what has been agreed and whether they meet the requirements agreed by the parties with regard to the delivery. The REFERENC Online Store must be notified within 48 hours of discovery of any defects found by sending an email to service@referenc.eu stating the number mentioned on the packing slip.
2. If the customer receives a delivery with clearly damaged packaging and/or suspects the contents of the packaging are damaged, the customer is required to take the following actions:
1. Take pictures of the package as it was delivered.
2. Indicate on the receipt or delivery note that the package was delivered with damages.
3. Demand a copy of the receipt/delivery note (or make a copy). The company that delivered the products can then leave.
4. Immediately check the contents of the package(s). If the contents of the shipment are damaged, the customer should report this damage within 48 hours in as much detail as possible to the REFERENC Online Store including photographic evidence. Only then can claims for damaged products be accepted and examined by the REFERENC Online Store. The Customer shall enable the REFERENC Online Store to investigate the complaint, or to have it investigated.
5. Products can only be returned upon confirmation and receipt of written permission of the REFERENC Online Store.
6. In the event that damaged products are returned by the customer, the transport costs shall be borne by the customer. Replacement of the damaged products will be at the expense of the REFERENC Online Store.
Article 9. Liability
1. In cases where the REFERENC Online Store is liable, this liability will be limited to what is included in these provisions.
2. If products delivered by the REFERENC Online Store are not in good condition, the liability of the REFERENC Online Store is limited to what is stipulated in our General Terms and Conditions under "Warranty".
3. In the event of consequential damage, the REFERENC Online Store will limit itself to the replacement or refund of the purchase price of the delivered products.
4. The customer is personally responsible for the choice, storage and handling of the products. The REFERENC Online Store is not liable for any damage caused as a result of deliberate intention, guilt and/or culpable action, or injudicious or improper use by the customer.
5. The REFERENC Online Store is not liable for any damage, of whatever nature, that may be or is caused by incorrect and/or incomplete information provided by the customer.
6. The REFERENC Online Store is only liable for direct damage in case of obvious lack of care in providing proper transport packaging and deliberate non-compliance with rules of conduct that have previously been agreed to in writing with the customer.
7. The REFERENC Online Store is never liable for indirect damage, including consequential damage, loss of profit, missed savings and losses as a result of business stagnation and/or other types of stagnation.
8. In any case, the liability of the REFERENC Online Store, where applicable, is limited to the amount paid by the insurer.
9. The REFERENC Online Store cannot be held liable for printing errors, writing and/or counting errors, incorrect interpretations of product information, offers, order confirmations or invoices, incorrect use of products and/or materials, nor for the consequences thereof.
10. The limitations of liability mentioned in this article do not apply if the losses can be attributed to deliberate intention or gross negligence of the REFERENC Online Store.
Article 10. Transfer of risk
1. Risks arising from loss of or damage to products specified in the agreement shall be transferred to the customer from the moment that these products are legally and/or actually delivered to the customer or to third parties appointed by the customer.
Article 11. Payment
1. No rights can be derived from incorrect prices and/or images.
2. Payment must be made using the payment methods offered on Referenc.eu. Processing and shipping of the ordered products takes place after payment by the customer.
3. The REFERENC Online Store will never make customer data available to third parties and will act in accordance with Dutch legislation (including the General Data Protection Regulation).
Article 12. Right to terminate the contract
1. After purchase, the customer has the right, for a period of 7 working days, to cancel the purchase, without giving any reason. The REFERENC Online Store must be notified in writing within 14 working days after the purchase. Any costs for returning the products are for the account of the customer.
2. The customer can only cancel the purchase without giving any reason, if the products concerned can be returned complete, unused, undamaged and in their original packaging.
3. The customer is fully responsible for the return, the method of shipment and any insurance of the shipment.
4. If, in case of a return to the REFERENC Online Store, it appears that the return packaging is damaged or that the returned products do not meet the Conditions stated under paragraph 2 of this article, the REFERENC Online Store will inform the customer of this within a maximum of 2 working days.
5. Paragraph 1 of this Article shall not apply to Accessories and Clearance Sales.
Article 13. Complaints
1. If the delivered products do not meet the customer's expectations as a result of breakage, damage or incorrect delivery, the customer shall notify the REFERENC Online Store within 48 hours after receipt of the products. If the RREFERENC Online Store has not received a complaint within this period of 48 hours, it is deemed that the delivery was in accordance with the order.
Article 14. Intellectual Property
1. REFERENC reserves all rights and powers which belong to it by virtue of the Dutch Copyright Act (Auteurswet) and any other laws and intellectual property laws.
2. REFERENC is the owner and/or licensee of all copyrights, database applications, (private) brands and other intellectual property rights on this website. Concept, structure, layout and design are the exclusive property of the REFERENC Online Store.
3. If the aforementioned items are used by the customer it will only be limited to him- or herself and the items will not be reproduced, published or brought to the attention of third parties without the prior written consent of the REFERENC Online Store.
Article 15. Force Majeure
1. Neither REFERENC nor the customer are deemed to fulfil any of their obligations if they are prevented from doing so as a result of circumstances that cannot be attributed to fault and if the obligations would be contrary to the applicable legislation, a legal act or parts thereof.
2. In addition to what is considered to be force majeure by law and jurisprudence, in these General Terms and Conditions force majeure is understood to be all external causes, foreseen or unforeseen, over which REFERENC has no influence and as a result of which REFERENC may not be able to fulfill its obligations.
3. REFERENC reserves the right to invoke force majeure if the circumstances as described above apply after REFERENC was deemed to comply with its obligations.
Article 16. Applicable law and disputes
1. All legal relationships to which REFERENC is a party, even if it concerns a relationship that is wholly or partly located abroad or if the party involved in the legal relationship is a resident of a foreign country, shall be assessed solely on the basis of Dutch law. The UN Convention on the International Sale of Products does not apply.
2. Before the parties appeal to the courts, they shall make every effort and do their utmost to settle any risen by mutual agreement.