TERMS AND CONDITIONS
Effective Date of Current Policy: April 1st, 2013
Frydays ("FRYDAYS", "we," or "us") operates the websites located at www.frydays.com (the "Site").
The use of the Site is subject to the following terms and conditions (the "Terms and conditions"). Please read these Terms and conditions carefully.
2. Offers and agreements
5. Delivery and delivery time
6. Returning products
7. Revoke rights
9. Guarantees and liabilities
10. Force majeure
11. Personal information
12. Applicable law
14. Copyright and trademarks
1.1. These terms and conditions apply to all offers and all agreements regarding the Site Frydays.com.
1.2. In addition to these General Terms and Conditions, explicitly defined Additional Terms and Conditions may apply to certain
services and/or products. Should there be deviations between the General Terms and Conditions and the Additional Terms and Conditions, the Additional Terms and Conditions will prevail over the General Terms and Conditions, unless explicitly stated otherwise.
1.3. If any provision of these terms and conditions are invalid or invalidated, the other provisions of these General Terms and Conditions will remain in full force and FRYDAYS and its contracting party will enter into consultation for the purpose of agreeing on new provisions to replace the invalid or invalidated provisions, where the objective and meaning of the invalid or invalidated provision are considered as much as possible.
1.4. Deviation of these General Terms and Conditions is only possible after explicit confirmation by FRYDAYS in writing, in which case the other provisions of these general terms and conditions will remain in full force.
1.5. The applicability of the general terms and conditions invoked by the contracting party is explicitly rejected, unless explicitly confirmed in writing by FRYDAYS
1.6. “Contracting party” is defined as every natural person or legal person with a contractual relationship with FRYDAYS.
1.7. FRYDAYS has the right to adjust these General Terms and Conditions from time to time.
1.8. By using the website of FRYDAYS and/or placing an order, the contracting party accepts these General Terms and Conditions as well as all other rights and duties stated on the website.
1.9. FRYDAYS is allowed to outsource activities to third parties when carrying out an agreement with the contracting party.
2.1. Offers or quotations should be regarded as an invitation to the potential buyer to make an offer. FRYDAYS is in no way bound to such matters, unless explicitly confirmed in writing. Acceptation of the invitation by the potential buyer to make an offer counts as a valid offer and leads only to an agreement in case of fulfilment of the following aspects of this article.
2.2. Specific offers are valid as long as the stock permits.
2.3. A personalised quotation is valid for two (2) weeks, unless another term is mentioned in the quotation.
2.4. An offer from the potential buyer as mentioned in article 2.1 is made when:
• the potential buyer has entered his personal data on the website and the data has been sent electronically to FRYDAYS and received by FRYDAYS;
• the potential buyer explicitly indicated the desire, by telephone, to receive a certain product and/or service;
• a quotation is signed by the buyer and received by FRYDAYS in case FRYDAYS issued a personalised quotation.
2.5. An agreement, including any change or supplementation hereto, takes first binding effect for FRYDAYS when an order confirmation has been issued to the buyer, by e-mail or other means. This agreement can be revoked by FRYDAYS in case the buyer does not meet the requirements or has failed to do so in the past. In that case, FRYDAYS will report such findings to the buyer within ten (10) days after receiving the order.
2.6. Buyer and FRYDAYS explicitly agree that, when using electronically means of communication, a valid agreement comes into effect after meeting the requirements specified in article 2.4 and 2.5. In particular the lack of a written signature does not reduce the binding force of the offer and the acceptance thereof. In that case the electronic files of FRYDAYS count, as far as the law allows, as a presumption of proof.
2.7. Information, images, oral announcements, records, etc. regarding all offers and the most relevant characteristics of the products that are provided by telephone or e-mail are always as accurate as possible. FRYDAYS does not guarantee that all offers and products completely correspond to the provided information. Deviations can never lead to reimbursement or dissolvement of the agreement.
3.1. Special offers are only valid as long as the stock permits.
3.2. The buyer owes the price as defined by FRYDAYS in the order confirmation in accordance with article 2.5 of these General Terms and Conditions. Any (manipulation) errors in the quotation, such as evident flaws, can be corrected by FRYDAYS, even after reaching the agreement.
3.3. Transportation costs will be separately mentioned on the website. Shipping rates differ per country.
3.4. When the prices of the offered products and/or services have increased during the period between ordering and execution of the order, the buyer is entitled to cancel the order or dissolving the agreement within ten (10) days after announcement of the price increase by FRYDAYS.
4.1. Orders through the webshop should be paid by 100% down payment. FRYDAYS can include other payment options in the future. Other payment options will be announced on the website.
4.2. In case FRYDAYS agreed on an alternative payment period, the expiration of this term automatically leads to the omission of the buyer. Alternative payment periods can only be agreed on in writing under special conditions.
4.3. Non-payment or untimely payment by the buyer leads to a due interest of 1,5% per month, from the day that the payment should have taken place, at which a part of a month counts for a full month.
4.4. The costs, both in and out of court, caused by non-fulfillment, late fulfillment or improper fulfillment of the obligations of the buyer, are payable by the buyer.
4.5. FRYDAYS is permitted, in case of untimely payment by the buyer, to directly dissolve the agreement or delay the delivery to the moment that the buyer has completed his payment duties, including the payment of due interest and other costs.
5. Delivery and delivery times
5.1. Orders will be delivered as quickly as possible. FRYDAYS aims to send the products within three days after receiving the order. The final delivery date is 30 days after receiving the order, not including down payments, at which the final delivery date is 30 days after receiving the payment. An agreed delivery time is always indicative and neither a deadline, nor can any rights be derived from exceeding the delivery time. FRYDAYS can announce information regarding delivery times on the website or by other written means. Such information is always indicative.
5.2. When the buyer orders a product that is temporarily not in stock, an indication of the day that the product will be available will be displayed. FRYDAYS aims at notifying any delays to the buyer within two working days.
5.3. Deliveries will take place on the address as specified by the buyer during the finalisation of the agreement.
5.4. Immediately after the goods have been delivered, the buyer bears the risk for all direct and indirect damage that maybe causedto or by these goods or components. The buyer also bears the risks of transportation from the moment of delivery.
6. Returning products
6.1. Upon delivery of the goods the buyer inspects the conditions of the goods. In case damage has been inflicted to the goods of materials, the buyer will take all possible provisions to obtain compensation from the transporter. Returning products is only possible in combination with an original invoice and original, complete, undamaged and unused products and packaging. The cash value of the delivered goods will be reimbursed.
7. Revoke rights
7.1. The buyer may exercise his revoke right within seven (7) working days after delivery of the product, without penalty and without stating reasons. The buyer can claim guarantee provisions only when the product and the packaging are in original, complete, undamaged and unused conditions. All sent documentation, proof of guarantee and packaging materials should be included in the return delivery.
7.2. FRYDAYS is never liable for any damage, theft or loss of the product or packaging during the return delivery.
7.3. The costs of the return delivery of the product are for the buyer, unless stated otherwise.
7.4. In case the buyer exercised his revoke right as mentioned in the previous articles, FRYDAYS will have to reimburse the cash value of the delivered goods within 30 days.
8.1. The ownership of the goods, whether handled or unhandled, is transferred to the contracting party at the moment that the buyer pays frydays the full amounts payable pursuant to the agreement, including interest, costs and damages from products and/or services from this order, previous orders and future orders.
8.2. The buyer is not permitted to print the products, even after the ownership of the goods have been transferred to the buyer.
9. Guarantees and liability
9.1. Guarantee provisions by FRYDAYS for the delivered goods are limited to the guarantee that is given to FRYDAYS by the supplier or manufacturer concerned.
9.2. FRYDAYS is never bound to financially compensate the buyer or other parties, unless the damage was caused by intention or guilt. FRYDAYS is not liable for any indirect loss or damage incurred or damage regarding loss of income or profit.
9.3. In case FRYDAYS is obliged to financially compensate the buyer, the amount will always be limited to the invoice amount related to the product and/or service that caused the damage.
9.4. The guarantee of FRYDAYS does not apply if:
* the defects are (partly) the result of normal wear, injudicious or incorrect handling or use, injudicious or incorrect maintenance
* the product is employed for purposes other than normal purposes or used incorrectly
* the buyer or the end user does not strictly observe the operating instructions provided by FRYDAYS
* the original invoice is missing, modified, or made unreadable.
9.5. When the guarantee provisions are exercised, FRYDAYS can do the following:
* adjust the amount on the invoice;
* replace the delivered item by an article with equal specifications, or repair the delivered item, in which case the delivered item should be sent back to FRYDAYS.
* take back the delivered item and revoke the agreement, while reimbursing the paid amount by the buyer, without being obliged to financially compensate the buyer for any damage. The buyer is obliged to give FRYDAYS three possibilities to repair any
9.6. The buyer does not hold FRYDAYS liable for any claims resulting from third parties, unless the law strictly prohibits such damages and costs to be accounted to the buyer.
9.7. It is possible that FRYDAYS places links on its website to other websites that could be of interest for a visitor. Such links are solely informative. FRYDAYS is not liable for the content of the linked websites or the usage thereof.
10. Force majeure
10.1. In case of force majeure, FRYDAYS is not obliged to fulfil its obligations to the buyer. The respective obligations will be postponed for the entire duration of the force majeure.
10.2. In these terms and conditions, force majeure is understood to mean any circumstance that is independent of the will of FRYDAYS, even if this could have been foreseen when the agreement was entered into, which temporarily or permanently hinders the fulfillment of the agreement, including but not limited to war, a threat of war, civil war, riots, industrial actions, work member exclusion, transport difficulties, fire, days not worked because of unsuitable weather and other disruptions to the business of FRYDAYS or its suppliers.
11. Personal data
11.1. FRYDAYS. will process the personal data of the buyer in accordance with her privacy statement, which is included in the website.
11.2. FRYDAYS fully respects the applicable laws and regulations regarding the processing of personal data.
12. Applicable law
12.1. Dutch law applies to the offers/agreement and further agreements.
12.2. The applicability of the Vienna Sales Convention (CISG) is explicitly excluded.
12.3. All disputes, of whatever nature – including those that are only considered by one of the parties as such – which occur with reference to the offer/agreement and further agreements between the parties, are settled by a competent court in the district of Amsterdam unless the law explicitly appoints another court.
12.4. The Dutch version of these general terms and conditions prevails at all time in case of disputes with regard to the interpretation and purpose of these terms and conditions.
13.1. FRYDAYS resides at (1091 CR) Amsterdam, Blasiusstraat 12-1 and is registered at the Chamber of Commerce in Amsterdam under number 55111734. VAT number NL154275578B01. Please send all correspondence regarding these General Terms and Conditions to FRYDAYS at the address mentioned above or to email@example.com.
13.2. The FRYDAYS helpdesk is available for information on working days Central European Time.
13.3. FRYDAYS aims to answer received e-mails within one working day.
14. Copyright and trademarks
14.1 Images of people, places and/or products posted on this Site are either the property of FRYDAYS, or are used by us with express permission.
14.2 Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of FRYDAYS or its partners or affiliates and is protected by European and international copyright laws.
14.3 The compilation of this Site is the exclusive property of FRYDAYS and is protected by European and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at firstname.lastname@example.org.
14.4 All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to FRYDAYS, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of FRYDAYS, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRYDAYS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY FRYDAYS OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FRYDAYS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.