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Terms and Conditions

 
Article 1. Application
1. These general conditions apply to all our offers and to all our agreements, by whatever name. In particular, these conditions also apply to our agreements for the supply of goods to our buyers.
2. Wherever in these terms and conditions we talk about "buyer" it should be understood as any natural or legal person who agreed a contractual relationship with our company as consequence of a purchase of any of the items being offered by us or as the natural or legal person who, in any other way, established a contractual relationship with our company. In particular, the term "buyer" includes the person who buys and for whom items are being delivered.
3. Variations on these general conditions can only be made if and where expressly agreed in writing between parties.
4. Where purchaser(s) has general conditions of its own only our terms and conditions apply. This is only different if and else, where the applicability of the terms of the buyer is not in conflict with our terms and conditions, in which case our conditions apply. Any condition otherwise stipulated in the terms of the buyer does not affect the above.
5. Where in these terms and conditions is mentioned  "supply (of matters)", it is also ment the provision of services and activities of any kind. 
 
 
Article 2. Our Prices
All our prices are to be regarded as invitations to the potential buyer to make an equivalent offer. They bind us, therefore, no way, unless the offer itself expressly and unequivocally (in writing) establish the contrary.
The order given to us as suppliers, will only be effective after written confirmation by us (the order confirmation). Consider in all our offered items, with particular regard to the previous paragraph, that the included design, drawings, models, samples, descriptions, images and so on, and any attachments and documents that relate to our offers, as well as by us in this regard made tools, remains our property and should not be copied or passed to third parties without our explicit written consent.
We also reserve the rights of all intellectual and industrial property.
If applicable: If the order placed by the buyer is not consumed within a period of  3 days after the date and time of issuing our order confirmation such will be automatically canceled leaving no responsibility from our side as to the completion of the order. In any period thereafter without the buyer placing a new order and considering the availability of the item(s) we have no responsibility and issue no guarantee as to the possibility of delivering the desired item(s).
 
 
 
 
Article 3. Establishing the Agreement
An agreement with us is initiated at the moment the buyer places an order and is actual after we have issued a written confirmation of the order. 
Our order confirmation, sent to the buyer, is considered to represent in fullness the correct content of the agreement and as such it institutes the contractual relationship as stated in article 1. 
The buyer is deemed to the contents of our order confirmation, unless a written cancellation request is received within 24 hours after the date and time of the issued order confirmation.  Buyer is not held, within the given period, to issue any responsibility that led to the cancellation of the order.
Any additional (new) order placed after a former order confirmation is being issued will be considered as a new order and respond to all the procedures involved as described above in article 1
Any additional agreements and / or commitments made and / or made by our employees, or on our behalf and / or made by other persons representing us are binding if these agreements and / or commitments is endorsed by our representation competent director (s ) written confirmation.
 
 
Article 4. Prices
Our prices are, if applicable, inclusive VAT. Unless otherwise expressly agreed in writing, prices are excluding packaging, transport costs and other expenses.
The tenders, contracts and order confirmations are based on prices at the time of the agreement relevant cost factors, such as currency exchange rates, producer prices and raw material prices, wages and transport costs, insurance premiums, taxes, tariffs and other charges by the government.
We reserve the right, if, after the date on which the agreement has been reached, but before the day of delivery, increases in one or more of the cost factors occur, to charge these increases to the buyer in effect. Furthermore, we have the right in such a case, to dissolve the whole or part of the agreement without legal intervention being required. This right is also reserved to the buyer, but only within 48 hours after being notified of the increases in the costs of the agreement. If the buyer wishes to make use of this right, it must, notify us within 48 hours after receipt of the notice of the price changes. An email notification is accepted.
 
 
 
Article 5. Shipment & Delivery
The agreement specified delivery time is due from the moment the shipment time has been established. Provided all the
information for the implementation and completion of the order needed is in our possession. The delivery time specified by us will never be regarded as a deadline, unless otherwise expressly agreed in the individual contract.
In case of a delayed delivery, we must be notified in writing as to our responsibilities . Where - Notwithstanding the above –
in the individual contract expressly a fine closure in  the delivery delay is agreed, it is not due if the rules governing the
delivery delay are consequence of any of the Article 10 of these general conditions cases of force majeure.
Unless the order confirmation shows the contrary, the goods will be delivered with the additional shipping charges to any buyer. Furthermore, at any time, the shipping of items are at buyers risk unless otherwise agreed and consequently an insurance or recorded delivery is established.
For all buyers, unless otherwise agreed, lost or damage of the goods in travel are always the risk of the buyers. Custom formalities, if applicable,  will be provided by us in our country, but purchaser is responsible for the Custom activities in his own country or country where the goods are being delivered to.
Unless buyers own agent is appointed to carry the shipping and is paid for by the buyer, goods will be sent, in the most positive manner with our usual shippers to the account and risk of the buyer.
If a buyer expresses the wish to have their goods delivered in other than the usual way, we can provide for such but entirely at the costs to the buyer in charge.
If the supply, as a result of an exceptional payment agreement, made in separate parcels, we have the right to consider each delivery as a separate transaction and charge the involved shipping costs at each of these deliveries.
The buyer is obliged to complete his purchase payment within the agreed time. Failing this, we are entitled to - so to our choice - under the provisions of Article 6:60 Civil Code to require the competent judge to free us from our commitment to deliver the agreed goods and, without prior notice to the buyer, held him responsible and charge any eventual costs already made by us.
If the buyer fails to meet its budgetary requirements, we are entitled to dissolve the contract without judicial intervention.
 
 
 
 
 
Article 6. Complaints by the buyer
The buyer is responsible for the accuracy and completeness and is responsible for the information he has provided us.
The buyer must consider that the product presented in the offer, or what under Article 2, paragraph 2 is mentioned, may differ in description or language correctness, but mainly, as far as pictures concerns, should be taken into account the usual size differences and small color deviations in our presented products as a result of the way scanned or photographed products are displayed.
Complaints by the purchaser, which relate to hidden defects, incorrect description or forgeries that are not mentioned in the description should be effective within 7 days after delivery by written means. Such should be done by (registered) letter or email with a clear precise definition of the complaint and providing us with the correspondent invoice/order number.  
Irregularities at the time of delivery that has not been observed before, or in a careful and timely control could prove, should be mentioned by the buyer, within 7 days after the light of these problems occur, to us in the manner set out in paragraph 2.
Any claim by the buyer to our address, related to deficiencies in our delivered goods expires if:
The deficiencies are not brought to our attention according to the described within paragraphs 2 and 3 above and the deadlines where not taken into consideration by the buyer.
The buyer does not cooperate in the area of giving the opportunity for a thorough examination of the merits of the complaint.
The application of complaints raised by the buyer is extended to a period over the given 21 days after the product is delivered.
In disputes concerning  the quality of our delivered goods the NVPH, acting as Mediator, will have their opinion as binding for both parties.
 
 
Article 7. Liability
Only if any warranty obligations in connection with the goods delivered by us is not the responsibility of third parties
(manufacturers), the buyer is entitled to claim eventual warranty processes against us. Our liability is limited to hidden failures that where not mentioned in the description of the item(s).
In case of complaints, where the merits and quality of the product concerned does not match the description, as well as our liability as seller as referred to in paragraph 1, we are only obliged to make repairs, replace or credit the buyer in the best suitable way according to a mutual agreement.
If the buyer without prior, explicit written consent, processes any repairs and / or implements changes in or to the product, our warranty expires.
Subject to any of our obligations under the above, we are never obliged to pay any compensation to the buyer and / or  others, except in those cases where an intention or fault on our part (to be proved with legal means by those who blame us in the matter) applies.
In any particular case a buyer cannot issue a consequential claim of liability against our company nor against any of our employees when it concerns damage, direct or indirect damage, profit loss including stops - suffered by the client, and his subordinates or employed by him or a third party created by total or partial supply situation, delayed or inadequate supply, or lack of supply of goods or by the goods themselves, as a consequence of having, maintaining or using any of the products purchased at our company.
The buyer is not entitled to return any of the purchased goods without having issued a motivated complaint. Should this be done without good cause yet, then all costs related to return occurs at the expense of the buyer. We are in such a case free of  liability responsibility and all involved costs and consequential business risks and expenses are for the buyer account.
The buyer is obliged to indemnify us in juridical matters and costs involved for any or all claims that third parties might issue against us with regard to the execution of the agreement as stated in article 1.  Consequential costs are, in such case, also to be reckoned as buyers expenses. 
 
 
 
Article 8. Retention of our property  and securities
Goods remain our property until full payment has taken place by the buyer or any other party acting on behalf of the buyer, and received by our company as consequence from and related to the agreement buyer started with our business.
If we judge necessary, we have the right to demand a financial guaranty from the purchaser in respect to the started agreement with validity till all of the financial obligations towards us are met.
The buyer is not entitled to sold to a third party or to negotiate the goods with a pawnbroker if the goods are not yet paid for.  In the case such an event occurs we are in no way responsible and liable for the consequences implied in such an act.
Notwithstanding the above it is allowed that buyer sells the obtained goods to third parties, being this a part of its normal business or being this a part of any other act of it’s own choice. As a result of this process, the buyer should consider that any promotional material obtained in any unauthorized way with provenance being our company and / or our website, is covered by copyright. Abuse of our copyright could imply juridical consequences with all financial consequences to be paid by the infractor.
We are at any time entitled to reclaim goods in buyers or a third party possession if we reasonably assume that a assumed  risk  that the buyer will not comply with its financial obligations toward us. The foregoing is based on our legal rights and buyer should be aware that he can and will be held responsible for damage occurred to our partially or not entirely paid for goods.
The buyer should be aware of the risk of fire or theft in relation to the unpaid goods and should insure the goods and on our request present proof of the respective insurance.
 
 
 
Article 9. Payment
Payment should be made in Euros, unless otherwise agreed or when the possibility of payment in other currencies arises, without any deduction or discount (except for the discounts offered by the seller as a result of established, temporary measures) by transfer to one of our designated bank accounts or through one of the other designated on line payment methods. Payment will always take place prior to the delivery of the products or goods. Exceptions are made to cases in which specific a written agreement is issued. When paying to one of our banks, the day of the added credit to our bank or giro will be considered as the day of payment.
If the buyer fails to timely complete his payment he’ll be considered to be in shortage without any further notice being required. Hence we held the right to suspend, without prejudice to our legal rights,  our obligation toward the buyer.
We are also entitled to request a timely payment guarantee for all remaining supplies. Furthermore, we retain the right to dissolve the agreement, without judicial intervention, and request the buyer to return the goods delivered and not wholly or partly paid for.
Payments received and pursuant to Article 6:44 from the Civil Code have first the costs referred to in paragraph 3 deducted, then the published rate and finally the principal and accrued interest reduced. If the financial position of the buyer after the creation of the contract, but for the delivery of goods suffers a significant deterioration, we are entitled in whole or in part to refrain from further implementation of the agreement. A change in the payment agreement could be re-instituted. Seller retains the right to transfer all his credit claims in respect of all transactions to a factoring company of his choice.
 
 
 
Article 10. Force Majeure
Force majeure is to be considered any circumstance beyond our power and control in such way that compliance with the agreement will not reasonably be demanded from us (not attributable to shortcomings in the performance). Force majeure shall include war, unrest and hostilities of any kind, blockades, boycotts, natural disasters, epidemics, lack of raw materials, prevention and disruption of transport, disruption of our business, import and export restrictions or prohibitions, obstacles caused by measures, laws or best lutes of international, national and regional (government) agencies. If we fail to supply due to the above mentioned circumstances the agreement could be considered as suspended for a definite or an indefinite time to our choice. In case of force majeure, the buyer cannot held our company responsible and claim eventual losses of any kind.
 
 
Article 11. Applicable law
Applicable law to all our offers and all our agreements is The Netherlands law.
 
 
Article 12. Disputes resolution
Any dispute of any kind associated with or arising from our agreements and our deliveries is to be tried by the competent court in the Netherlands.