General Terms of Conditions
General terms and conditions
Article 1. General
1.1 State of Art I-store B.V. is the online shop for the brand State of Art, which can be visited via shop.stateofart.com.
1.2 These General Terms and Conditions (hereinafter "the Terms and Conditions") which relate to the internet activities of State of Art I-store B.V., are in accordance with the General Terms and Conditions for Home Shopping and the Code of Conduct for the Dutch Home Shopping Organisation's Home Shopping Guarantee, drawn up in collaboration with the Consumers Association. These terms and conditions and the code of conduct can be inspected on the website www.thuiswinkelwaarborg.nl.
Article 2. Application
2.1 These General Terms and Conditions of Sale shall apply to all offers, orders and agreements made by State of Art I-store B.V. (hereinafter "State of Art I-store"), to the exclusion of all other General Terms and Conditions.
2.2 The acceptance of an offer or the placing of an order shall entail acceptance of the application of these terms and conditions.
2.3 The requirements of these Terms and Conditions may be deviated from only if confirmed in writing, in which case the remaining stipulations shall continue unabated in force.
2.4 All entitlements and claims imposed for the benefit of State of Art I-store in these Terms and Conditions and any subsequent agreements shall equally be imposed for the benefit of intermediaries and other third parties engaged by State of Art I-store.
2.5 The State of Art B.V. webshop is intended in the first instance for countries belonging to the European Union.
Article 3. Offers and agreements
3.1 All offers made by State of Art I-store shall be without obligation, and State of Art I-store expressly reserve the right to amend prices, in particular when this is necessitated by legal and other requirements. All offers are subject to availability. We reserve the right to introduce price changes and changes to products and/or ranges at any time.
3.2 An agreement will come into force only following acceptance of your order by State of Art I-store. State of Art I-store shall be entitled to reject any order or to attach conditions to the delivery, unless expressly determined to the contrary. Where an order is not accepted, State of Art I-store will notify you of this within ten (10) working days of receipt of the order.
3.3 This agreement contains all agreements made between you and State of Art I-store, and shall replace all other agreements, arrangements and/or contracts made between you and State of Art I-store.
Article 4. Prices and payments
4.1 The stated prices for the products and services on offer are in Euros, including BTW and excluding handling and carriage charges, any taxes or other levies, unless otherwise specified or agreed in writing.
4.2 Payment may be by any of the methods indicated during the ordering process. Additional conditions in relation to orders or payment may be attached to a customer's order. Following the placing of an order you will receive immediate confirmation by e-mail, stating the total costs, including carriage charges. Payment will be in full, in advance, in all cases. Payment is possible:
a) Directly, online, by means of a credit card (Mastercard, Visa). No additional charges will be made for online payments.
b) iDeal: If you bank online with ABN AMRO, Fortis, ING, Rabobank or SNS bank, you can pay electronically for your order in a safe manner via our website. Electronic payment via the Internet is comparable with a PIN payment in a shop. Once you have placed your order, select iDEAL as the payment method. A screen will open where you can select your online bank. Then simply use your usual procedure for internet banking payments. In principle the payment will be processed on the same working day. For further information please click on: iDeal
Payments made by the specified methods will be processed via the Buckaroo Internet till.
This is currently only available within the Netherlands.
4.2 c) Pay Per Mail: Our payment partner Buckaroo will send a confirmation e-mail on behalf of State of Art I-store B.V., including a direct link to our webshop payment page. You can then complete your payment at any time you wish, by clicking on a link in the above-mentioned e-mail. Payment will be via iDeal or credit card.
The option to pay using iDeal is currently only available within the Netherlands, however payment by credit card is possible from any of the countries we deliver to. [Added by translator]
4.3 State of Art I-store may extend the payment options in future. Other payment methods will be announced via the internet site.
4.4 In the event that a credit card payment method is selected, the terms and conditions of the relevant card issuer will apply. State of Art I-store is not a party to the relationship between you and the card issuer.
4.5 Where the prices for the products and services on offer rise in the period between the placing of the order and its completion, you will be entitled to cancel the order or to dissolve the agreement within ten (10) days following the notification of the price increase by State of Art I-store.
Article 5. Delivery
5.1 State of Art I-store aim to deliver ordered goods within 48 hours of receipt of payment. However there is no obligation on State of Art I-store in this regard.
5.2 The latest delivery period is 10 days following order placement, except where the delay cannot be attributed to State of Art I-store. The despatch of your order will be confirmed by e-mail as soon as it goes out. If you have not received your order within a reasonable time (± 4 working days), we would request that you notify us of this immediately by e-mail, and at the latest within 10 working days. No claim submitted after this period will be considered.
5.3 Where a delivery is delayed, whether because items are out of stock, temporarily or permanently, or for any other reason, or where an order can not be completed or can only be completed in part, then you will be notified accordingly within seven (7) days after the placing of the order. In that case you will be entitled to cancel the order without charge. In these circumstances State of Art I-store will arrange for a refund to be made.
5.4 Articles are despatched via PostNL when payment is received.
5.5 We reserve the right to introduce changes to colour, type, text and/or prices.
Article 6. Retention of title
6.1 Property in the products supplied shall pass to the purchaser only when all liabilities created by virtue of any agreement with State of Art I-store have been discharged. Risk in the products shall pass to the purchaser immediately at the time of delivery.
Article 7. Intellectual and industrial property rights
7.1 You are obligated to respect all intellectual and industrial property rights associated with products supplied by State of Art I-store, in full and unconditionally.
7.2 State of Art I-store do not guarantee that the products supplied to you do not breach any third party intellectual and/or industrial property rights, whether recorded in writing or not.
Article 8. Claims and liability
8.1 It is your obligation to investigate on delivery whether the products comply with the agreement. Where this is not the case, you should notify State of Art I-store in writing, stating reasons, as speedily as possible and in any event within seven (7) working days following delivery, or in any case once detection was reasonably possible.
8.2 Where for whatever reason you do not wish to take delivery of items, then you shall be entitled to return these to State of Art I-store within fourteen (14) days of delivery. Return consignments will only be accepted in these circumstances where the articles are returned unused, in the original packaging and with the original labels attached. The articles should be returned, unstamped, to:
State of Art I-store B.V.
7130 VB Lichtenvoorde
Where the returned items are received in good order, State of Art I-store will transfer the relevant amount to you within 30 days.
Article 9. Orders/communication
9.1 State of Art I-store shall not be liable for misunderstandings, misinterpretations, delays or failures properly to communicate orders or notifications resulting from the use of the Internet or any other means of communication during communications between yourself and State of Art I-store, or between State of Art I-store and any third party, to the extent that these relate to the relationship between yourself and State of Art I-store, except and to the extent that there are intentional acts or negligence on the part of State of Art I-store.
Article 10. Force majeure
10.1 In the case of force majeure, State of Art I-store shall be entitled, at their option, to suspend the completion of a customer's order, or to dissolve the agreement without any requirement for judicial intervention, by notifying the customer accordingly in writing, and without any liability on the part of State of Art I-store to pay compensation for damages, unless in the circumstances this would be unacceptable, given the normal standards of fairness and reasonability.
10.2 Force majeure shall be taken to mean any circumstance independent of State of Art I-store's volition, whereby their compliance with their obligations towards the customer is impeded, whether in whole or in part. These circumstances shall be taken to include strikes, fire, disturbances to operations, energy supply failures, delayed or missed deliveries on the part of suppliers or other third parties engaged by State of Art I-store, and the lack of any permit required to be obtained from government agencies. Force majeure shall also be taken to include faults in any telecommunications or other network or connection or any communications systems used, and/or the unavailability of the internet site at any time.
Article 11. Personal information
11.2 State of Art I-store will thereby take account of applicable privacy legislation and regulation.
Article 12. Miscellaneous
12.1 Where you provide State of Art I-store with an address in writing, then State of Art I-store shall be entitled to despatch all orders to that address, except where you provide State of Art I-store in writing with another address to which your orders should be despatched.
12.2 In the event that State of Art I-store tolerate deviations from these Terms and Conditions, whether for a short or longer period and whether tacitly or otherwise, that shall be without prejudice to their entitlement to require immediate and strict compliance with these Terms and conditions. You may in no circumstances derive any entitlement on the grounds of lenient application of these Terms and Conditions by State of Art I-store.
12.3 Where one or more of the stipulations of these Terms and Conditions or any other agreement made with State of Art I-store are in conflict with any applicable legal requirement, then the stipulation(s) in question shall lapse and shall be replaced with a legally permissible new stipulation to be determined by State of Art I-store.
12.4 State of Art I-store shall be entitled to engage third parties in the completion of your order(s).
Article 13. Applicable law and competent court
13.1 The Law of the Netherlands shall apply exclusively to all offers, orders, agreements, entitlements and obligations to which these Terms and Conditions apply, as well as to these Terms and Conditions themselves.
13.2 All disputes between the parties shall be brought exclusively before the appropriately authorised and competent court in the Netherlands.
Article 14. Home Shopping Disputes Committee
14.1 Any dispute between yourself and State of Art I-store in relation to the creation or implementation of agreements connected with goods and services supplied or to be supplied by State of Art I-store may be brought before the Home Shopping Disputes Committee (Geschillencommissie Thuiswinkel), either by yourself or by State of Art I-store, taking account of the following stipulations.
14.2 Disputes shall only be taken into consideration by the Disputes Committee where you have first submitted your complaint within 30 days to State of Art I-store.
14.3 At the latest three months following the submission of the complaint to State of Art I-store, the dispute must be made pending with the Disputes Committee, in writing.
14.4 If you decide to bring a dispute before the Disputes Committee, State of Art I-store shall be bound to this course of action. In the event that State of Art I-store wish to do so, you shall state in writing within five weeks of an appropriate request in writing on the part of State of Art I-store that you also wish to do so, or alternatively that you wish to have the dispute settled by the Competent Court. Where State of Art I-store do not receive notice of your choice within the period of five weeks, then State of Art I-store shall be entitled to bring the dispute before the Competent Court.
14.5 The Disputes Committee will issue their judgement in accordance with the terms and conditions as set out in the Committee's regulations. The Disputes Committee's decisions shall take the form of binding recommendations.
Questions, complaints and observations
If, having read through them, you have any complaints, questions or observations about these Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.
State of Art I-store B.V.
Chamber of Commerce (KvK) registration number 27179962