Projectorstore.eu general terms and conditions

 

Projectorstore.eu
GENERAL TERMS AND CONDITIONS

The general terms and conditions of Projectorstore.eu are also made available on its website in such a way that it is possible to save them, thereby ensuring that they can be consulted at a later stage. The general terms and conditions of Projectorstore.eu will also be sent to you (in electronic format) on request.


Article 1. Definitions.

The following terms bear the meaning assigned to them for the purposes of these general terms and conditions.

consumer – a contracting party who is a natural person and does not act for the purposes of conducting a business or pursuing an occu pation;

distance consumer purchase – an agreement between a consumer and Projectorstore.eu in its capacity as a seller or service provider, for the purposes of which only one or more remote communication technologies are used within the framework of a structured system for sales and the provision of services at a distance through to the conclusion of an agreement;

major contracting party – a contracting party referred to in Section 235(1) of the Civil Code, Vol. 6;

Projectorstore.eu: Projectorstore.eu or any other body constituting part of it, or any of its legal predecessors;

products – all of the items for sale which Projectorstore.eu mentions on its website, and which are available in and can be ordered from its shop(s), as well as any services which Projectorstore.eu offers on its website or in its shop;

agreement – any agreement which includes these general terms and conditions, and which is concluded by virtue of the fact that Projectorstore.eu accepts your order and your means of payment;

terms and conditions – these general terms and conditions.


Article 2. Scope of application of these terms and conditions

2.1 These terms and conditions shall apply to every offer (preceding or otherwise) made by Projectorstore.eu, and any agreement and undertakings arising therefrom which are entered into by you and Projectorstore.eu in so far as the parties do not explicitly stipulate otherwise, and Projectorstore.eu confirms same in writing. A mere reference by you to your own terms and conditions, a standard clause on your letterhead, or a clause in your own terms and conditions stipulating their exclusive application, shall not suffice for this purpose. The acceptance of an offer from Projectorstore.eu or the placement of an order from it shall therefore entail that you fully consent to the scope of application of these terms and conditions, and explicitly waive your own general terms and conditions.

2.2 These terms and conditions shall replace any other terms and conditions which are referred to by you or in connection with any business activity. Furthermore, these terms and conditions shall also replace any other terms and conditions which are stipulated by Projectorstore.eu’s legal predecessors.

2.3 Projectorstore.eu shall at all times be entitled to amend its general terms and conditions without prior notice. It is therefore advisable that you regularly check these general terms and conditions. The substance of any agreement which is entered into in accordance with the provisions of former terms and conditions, shall remain in effect.

2.4 These terms and conditions may only be departed from if this is done in writing, in which case the other provisions shall continue to apply in full.


Article 3. Quotations and offers

3.1 Although information of any nature whatsoever which is listed in catalogues, brochures, quotations, price lists, confirmation of orders or any other printed form, or through the Internet, a website, electronic mail or any other method, shall be stated as accurately as possible, they shall not be binding. Projectorstore.eu shall therefore not be liable for any printed or written errors, mistakes in counting, lack of clarity or the consequences thereof.

3.2 Any offer or quotation produced by Projectorstore.eu shall be free of obligation, unless otherwise agreed and a term of validity is stipulated in a written offer. Any arrangements made with staff shall not be binding on Projectorstore.eu. Furthermore, Projectorstore.eu explicitly reserves the right to change its prices, for example, as may appear to be required in accordance with any regulations (legal or otherwise).

3.3 An agreement shall only be concluded once Projectorstore.eu consents to an order in writing. An order shall be binding on you. Unless explicitly stipulated otherwise, Projectorstore.eu shall be entitled to refuse any order or to render delivery subject to specific terms and conditions. In the event that Projectorstore.eu does not consent to an order, it shall give notice thereof within 14 days after receiving the order concerned.

3.4 Any information, documents or materials which Projectorstore.eu is to use for the purposes of fulfilling your order, must be delivered to an address it stipulates post free on time and at those times which it specifies. In the case of any delivery which is not post free, the customer shall be charged for the cost of freight and/or postage which is incurred, subject to Projectorstore.eu’s right to refuse to accept a consignment which is not post free.

3.5 In the event that you are notified that any information, documents or materials used for the purposes of fulfilling your order, are waiting for you to collect, you shall be required to collect them within 10 days. Should you fail to do so, Projectorstore.eu shall be entitled to charge you a storage fee. Such information or documents are supplied to Projectorstore.eu at your own risk.

3.6 In the event that you fail to give notice of your objections within seven days after the confirmation of your order has been sent, such confirmation shall be deemed to constitute a full and accurate statement of the agreement.

3.7 Projectorstore.eu reserves the right to perform work over and above what it is explicitly instructed to do, and to charge you for this, if such work is in your interest and/or that of ensuring the proper fulfilment of your order. You shall be notified as soon as possible of the performance of such additional work.


Article 4. Delivery and term of delivery

4.1 The term of delivery shall commence after the relevant agreement has been concluded, Projectorstore.eu possesses all of the information required for its execution, and payment has been made.

4.2 Should delivery not be affected within 30 days after a distance consumer purchase, the consumer concerned shall be entitled to cancel the agreement in writing and neither party shall be liable for any compensation, unless otherwise agreed in respect of the term of delivery and compensation.

4.3 Any term of delivery which has been agreed, shall not constitute a material provision, unless explicitly agreed otherwise. A term of delivery shall therefore merely be indicative. In the event of a failure to comply with such term of delivery, you shall not be entitled to compensation, nor to cancel the order or the agreement, unless such failure is of such a nature that you cannot reasonably be expected to allow the agreement to remain in effect, and you notified Projectorstore.eu accordingly, when the agreement was concluded. In this case you shall be entitled to cancel the order or the agreement in so far as this may be necessary.

4.4 Should it be agreed that such term constitutes a material provision, it shall apply if and in so far as any information required for the purposes of fulfilling the relevant order has been placed at Projectorstore.eu’s disposal at the agreed place and time, the agreement has been concluded and payment has been made. You shall be required to check that the requisite information has been delivered on time. You shall bear any additional costs incurred due to a failure to supply the requisite information on time, and no prior consultation shall be required for this purpose.

4.5 The products concerned shall be delivered at the place and time where they are available for you, or Projectorstore.eu shall send them to you cash on delivery or following advance payment. Any delivery shall be deemed to have been effected at Projectorstore.eu’s premises.

4.6 Should delivery not be effected on time, you shall be required to notify Projectorstore.eu in writing immediately that it is in default and to afford it a reasonable period of no less than 14 days to comply with its obligations.

4.7 In the event that Projectorstore.eu is willing and able to effect delivery but is unable to effect performance as agreed due to circumstances which are attributable to you, Projectorstore.eu shall be entitled to take the goods that have since become available for you to collect, and to store them in a place of its choosing at your risk and expense. Delivery shall be deemed to have been effected merely by means of a written notice that this has occurred. In this case you shall have a duty to pay Projectorstore.eu storage fees in accordance with the normal rate.

4.8 In the event that you fail to collect the relevant goods within a period of three months after receiving two consecutive written notices from Projectorstore.eu – the last of which by registered post – Projectorstore.eu shall be entitled to sell the goods concerned to recover what you owe it, from the proceeds.

4.9 Projectorstore.eu shall be permitted to deliver any goods it sells, in parts. This shall not apply in the event that a partial delivery has no value of its own. In the event that goods are delivered in parts, Projectorstore.eu shall be entitled to issue a separate invoice for each.

4.10 In the event that an order needs to be expedited, overtime and/or any other costs incurred may be charged.


Article 5. Technical requirements

When entering into an agreement of sale, you shall be required to state explicitly any technical requirements which you demand of the goods that are to be supplied, which differ from the normal ones.


Article 6. Samples, models and examples

Where Projectorstore.eu shows a model, sample or example, it shall be assumed that it has been shown or supplied by way of an indication. The nature of the goods that are to be supplied, may differ from the sample, model or example, unless it is explicitly stated that they are to be supplied in line with the sample, model or example that is shown or supplied.


Article 7. Changes to goods that are to be supplied

7.1 Projectorstore.eu shall be entitled to supply goods which differ from those described in the relevant agreement of sale, such as those pertaining to design and colour. In the event that Projectorstore.eu avails itself of the opportunity to do so and supplies goods which materially differ from those described in the agreement concerned, you shall be entitled to cancel that agreement. You shall be entitled to do so within seven days after they have been delivered.

7.2 You shall not be entitled to cancel it, where the changes to the goods that are to be supplied, their packaging or accompanying documentation, are required in order to comply with the applicable provisions of the law, or if they are limited changes to the goods concerned, which amount to an improvement.


Article 8. Termination of an agreement

8.1 Projectorstore.eu’s claims against you shall fall due with immediate effect in the following situations:
- in the event that circumstances come to Projectorstore.eu’s knowledge after the relevant agreement has been concluded, which give it good grounds to fear that you will not comply with your obligations;
- if Projectorstore.eu asked you to provide security to ensure your compliance, when the relevant agreement was concluded, and as such security is not tendered or is inadequate.

In the aforementioned cases Projectorstore.eu shall be entitled to suspend the execution of the agreement or to cancel the latter, subject to its entitlement to seek compensation.

8.2 In the event that you fail to fulfil any duty that you have towards Projectorstore.eu, the latter shall be entitled to suspend the execution of the agreement concerned or to cancel all or part of it without the need to give notice of default and/or judicial intervention and subject to its right to receive compensation. Whatever you owe Projectorstore.eu, shall fall due with immediate effect.

8.3 In the event that circumstances occur which involve people and/or equipment that Projectorstore.eu uses or is wont to use for the purposes of executing an agreement, which are of such a nature that it becomes impossible to execute that agreement or so inconvenient and/or disproportionately expensive to do so, that one can no longer reasonably expect it to comply with that agreement, Projectorstore.eu shall be entitled to cancel it.

8.4 In the event that you do not wish to obtain a product sold as part of a distance consumer purchase for any reason whatsoever, you shall be entitled to cancel such purchase in writing without citing any reasons for doing so within seven working days after being supplied with the agreement concerned, subject to the condition that the relevant goods are simultaneously returned in their entire, undamaged, original packaging, the plastic seal of which has not been broken and the relevant goods are unused and undamaged. You shall be responsible for the cost of returning these goods. In the event that you cause damage to any products that are returned, Projectorstore.eu reserves the right to charge you for any costs involved or to refuse to accept the products that are returned.


Article 9. Warranty

9.1 Projectorstore.eu undertakes to warrant any goods that it sells, against any defects in the design, materials and workmanship for a period of one year after their delivery, unless otherwise agreed.

9.2 In the case of any equipment which is supplied with a factory warranty, the customer may also approach the manufacturer or importer directly with any complaint. If so requested, Projectorstore.eu may mediate in this respect. The provisions of Section 21 of the Civil Code, Vol. 7, shall not apply.

9.3 The recovery of any data that is lost, shall under no circumstances be covered by this warranty.

9.4 Any warranty shall lapse in the event that maintenance, modifications or repairs are not carried out by Projectorstore.eu in respect of any goods it has supplied, or software, if they are used other than as stipulated or as generally accepted, or where they are defective due to external causes which cannot be attributed to Projectorstore.eu.

9.5 The following shall be excluded from any warranty:
a. regular maintenance and upkeep of the replacement of parts owing to normal wear and tear;
b. any consumables which are supplied together with the product, for example, car and other batteries, and so forth;
c. damage to or loss of software, data or storage media, and the costs and risks involved in transport;
d. any damage due to inadequate maintenance or upkeep;
e. any damage relating to the fact that the product does not accord with the applicable technical or safety standards (or that it has not been installed or used in accordance with the relevant directions for its installation and use);
f. any damage that is due to the inadequate or faulty installation of software and other products;
g. the repair of or attempt to repair the relevant product by someone other than Projectorstore.eu;
h. any damage caused by an accident, lightning, flooding, fire, inadequate ventilation or any other cause beyond Projectorstore.eu’s control;
i. damage in connection with which the relevant product was used together with accessories, products or peripheral technology which was or were not supplied by Projectorstore.eu;
j. damage due to a defect in a system in which the product has been incorporated;
k. damage due to defective software;
l. damage relating to misuse, negligence or commercial exploitation.

9.6 Projectorstore.eu shall not be required to remedy the situation, if and as long as you are in default in relation to any performance vis-à-vis Projectorstore.eu.

9.7 Any parts that are replaced, shall become the property of Projectorstore.eu.

9.8 In the event that the aforementioned warranty applies and the goods are obviously defective, Projectorstore.eu shall have a duty to repair them within one month after you have reported the defect.

9.9 All defective goods must be presented to Projectorstore.eu for repairs.

9.10 Projectorstore.eu may elect to replace an item, if there are objections to repairing it.

9.11 You may only seek to have goods replaced or the relevant agreement of sale cancelled, if:
- Projectorstore.eu has made two attempts to repair the same defect, these attempts have been unsuccessful and the defect is sufficiently grave to justify replacement or cancellation; or
- you can show that the goods concerned exhibit or have exhibited so many defects, that they failed to comply with the relevant agreement and these defects justify replacement or cancellation.
9.12 You must show that the goods exhibited a defect within the term of a warranty which covers them. A warranty shall lapse, where the model or serial number of an item has been removed or changed.
9.13 Projectorstore.eu shall offer you an opportunity to extend your warranty by three years by entering into a written agreement for this purpose.


Article 10. Retention of title

10.1 Any goods supplied by Projectorstore.eu shall remain the property of the latter, until you have complied with all of the following obligations pursuant to all agreements of sale which you have entered into with Projectorstore.eu:
- performance in return for any item or goods which have or are to be supplied;
- performance in relation to any services which Projectorstore.eu has performed or is still to perform pursuant to the relevant agreement(s) of sale;
- anything for which you may be liable due to your failure to comply with any agreement(s) of sale.

Any risk pertaining to goods or products shall be transferred to you at the time they are delivered.

10.2 Any goods supplied by Projectorstore.eu which are covered by retention of title under the terms of Clause (1), may only be resold as part of the conduct of normal business operations. As it happens, you shall not be entitled to pledge such goods or to encumber them with any other right.

10.3 Now in lieu of then, Projectorstore.eu shall have a pledge referred to in Section 237 of the Civil Code, Vol. 3, on any goods that have been supplied, to which you have acquired title by effecting payment and which are still in your possession, by way of additional security for any claims other than those referred to in Clause (1) of this article, which Projectorstore.eu may have against you on any grounds whatsoever. The entitlement referred to in this clause shall also apply to any goods supplied by Projectorstore.eu which you have processed or treated, as a result of which Projectorstore.eu is unable to retain title to same.

10.4 In the event that you fail to fulfil your duties or there are grounds to fear that you will fail to do so, Projectorstore.eu shall be entitled to remove any goods that have been supplied, which are covered by the retention of title referred to in Clause (1) and which are in your possession or are held by a third party on your behalf, or to cause this to be done. To this end, you are obliged to render every assistance on penalty of a fine of 10% of the amount owed by you, per day.

10.5 In the event that a third party wishes to encumber any goods that have been supplied and are covered by retention of title, with any right, or wishes to enforce same, you shall have a duty to notify Projectorstore.eu accordingly as soon as possible.

10.6 When first requested to do so by Projectorstore.eu, you shall have a duty to:
- insure and keep insured any goods that have been supplied and are covered by retention of title, against damage caused by fire, explosion and water, and against theft, and to present this insurance policy for inspection;
- pledge any entitlement that you have against an insurer in relation to any goods which have been supplied and are covered by retention of title, to Projectorstore.eu in the manner that is stipulated in Section 239 of the Civil Code, Vol. 3;
- pledge any claim against a customer which you acquire by selling any goods that have been supplied and are covered by retention of title, to Projectorstore.eu in the manner that is stipulated in Section 239 of the Civil Code, Vol. 3;
- mark any goods that have been supplied and are covered by retention of title, as the property of Projectorstore.eu;
- assist in any other way with all reasonable action which Projectorstore.eu wishes to take in order to protect any goods covered by the retention of its title, and which does not constitute an unreasonable hindrance to you, for example, in the normal conduct of your business.


Article 11. Defects and deadlines for complaints

11.1 You shall be required to inspect any goods that you have bought, upon delivery or to have this done. In this respect you shall be required to examine whether what has been supplied, complies with the relevant agreement, namely:
- whether the correct goods have been delivered;
- whether the quantity (for example, the number or amount) of the goods that have been delivered, complies with what has been agreed;
- whether the goods that have been delivered, comply with the agreed quality requirements or – where there are none – those requirements which may be insisted on for normal use and/or commercial purposes.

11.2 In the event that any visible defect or deficiency is discovered, you shall be required to notify Projectorstore.eu accordingly in writing within two weeks after delivery. Should a complaint not be made on time, any right which you may have vis-à-vis Projectorstore.eu shall lapse.

11.3 You shall also be required to report any hidden defect in writing to Projectorstore.eu within two weeks after it is discovered, but no later than one year after delivery. Should a complaint not be made on time, any right which you may have vis-à-vis Projectorstore.eu shall lapse.

11.4 A contracting party shall remain liable for payment and the acceptance of any order that has been placed, even if he files a complaint on time. Goods may only be returned to Projectorstore.eu, after receiving prior written consent to this.


Article 12. Prices and payment

12.1 Unless explicitly stipulated or agreed in writing otherwise, prices for any products and services offered shall be stated in euros inclusive of VAT and/or other taxes and duties levied on the products as such or any other levies or entitlements, but excluding handling charges, and the cost of freight, transport, assembly, installation, implementation, conversion, travel, accommodation and any other expenses.

12.2 Any prices stated in a quotation shall only apply to the quantities and/or units stipulated in it. The right to amend a stated price without prior notice for any reason whatsoever is explicitly reserved, even after an order has been placed with and has been accepted by Projectorstore.eu. The foregoing shall not apply where an order has been fulfilled in its entirety.

12.3 In the event that the price for any products and services that are offered, rises in the period between the placement of an order and its fulfilment, you shall be entitled to cancel your order or the agreement within 14 days after Projectorstore.eu gives notice of such price increase.

12.4 Where the fulfilment of an order covers a period in excess of one month or, if Projectorstore.eu is of the opinion that the sum involved in an order qualifies for this purpose, Projectorstore.eu shall be entitled to seek payment, advance payment or payment in instalments.

12.5 Irrespective of the agreed terms of payment, Projectorstore.eu shall be entitled to require cash payment, or adequate security for such payment in advance or while the relevant order is being fulfilled.

12.6 Payment shall be effected in cash or by means of a deposit into an account which Projectorstore.eu designates for this purpose without any set-off and/or discount where delivery occurs from a warehouse or shop, cash on delivery or shipment following payment in advance. In the event that you fail to ensure prompt payment of any amount that you owe, you shall be liable without the need for any notice of default for interest amounting to 1% per month over the outstanding amount or a rate equal to the legally permissible interest rate if this is higher. Part of a month shall be treated as a full month for the purposes of calculating such interest. Projectorstore.eu shall be entitled by operation of the law to pass on a claim for collection immediately in the event that you fail to ensure prompt payment of the amount you owe, in which case you shall be liable for judicial and extrajudicial collection costs in addition to the aforementioned interest.

12.7 In the event that your business is liquidated, you are declared bankrupt or are granted a suspension of payments, your obligations shall fall due with immediate effect.

12.8 Payment must be effected without discount or set-off.

12.9 Any payment made by the contracting party shall first serve to pay any interest and costs that are owed, and secondly the longest outstanding invoices which are due, even if the contracting party stipulates that such payment pertains to a subsequent invoice. In the event that you are in default in respect of any payment, Projectorstore.eu shall be entitled to suspend or cancel the relevant agreement (or its execution) and any related ones.

12.10 Where a deadline is agreed for payment which differs from terms of payment that are normally stipulated (subject to cash on delivery, advance payment or cash) it shall be of a material nature. In the event that this deadline expires without you having complied with your obligation, you shall be deemed to be in default without the need to give any notice of this.


Article 13. Collection and judicial costs

13.1 In the event that you are in default or have failed to fulfil one or more of your duties and/or your claim has been passed on for collection, you shall be liable for all reasonable expenses incurred for the purposes of obtaining extrajudicial compliance subject to a minimum of EUR 250.00. At any rate you shall be liable for:
- 15% over the first EUR 2950.00;
- 10% over any excess up to EUR 5900.00;
- 8% over any excess up to EUR 14,748.00;
- 5% over any excess up to EUR 58,990.00;
- 3% over any excess.

In the event that Projectorstore.eu shows that it has incurred costs in excess of this which were reasonably necessary, they shall also qualify for compensation.

13.2 Furthermore, you shall be liable for any judicial costs incurred by Projectorstore.eu in all instances subject to a minimum of EUR 250.00 for each instance, unless the relevant judicial expenses incurred are unreasonably excessive. This shall only apply, if you and Projectorstore.eu are involved in any judicial proceedings in relation to an agreement which is governed by these general terms and conditions, and you are entirely or largely held to be in the wrong.


Article 14. Liability

14.1 Upon delivery you shall have a duty to examine whether the relevant products comply with the agreement concerned and do not exhibit any defects. The warranty stipulated in Article 9 (Warranty) of these terms and conditions shall apply to defects in any goods that are supplied.

14.2 Any liability on the part of Projectorstore.eu for any form of compensation, such as additional compensation, compensation for indirect or consequential harm, foreseen or unforeseen, material or immaterial, as well as harm caused by delay, loss of data, failure to comply with the relevant term of delivery, or the provision of inadequate assistance and the like, shall be explicitly excluded in so far as this does not conflict with any provisions of mandatory law.

14.3 Projectorstore.eu shall not be liable for any misunderstanding, corruption, delay or improper transmission of orders or notices due to the use of one or more remote communication technologies for the purposes of communication between you and Projectorstore.eu, and the latter and any third party in so far as this relates to your relationship with Projectorstore.eu.

14.4 The aforementioned limitations shall not apply, where any harm is due to a deliberate act or omission, or gross negligence on the part of Projectorstore.eu or its managerial subordinates, such to be proven by you. Furthermore, none of the provisions of these terms and conditions shall limit or affect Projectorstore.eu’s liability, if this were to exclude or limit such liability in contravention of any provisions of mandatory law.


Article 15. Force majeure

15.1 Subject to any other rights to which it is entitled, in the event of force majeure Projectorstore.eu shall be entitled at its own discretion to suspend the fulfilment of your order or to cancel the relevant agreement without judicial intervention by notifying you accordingly by registered letter, and Projectorstore.eu shall not be liable for any compensation, unless this would contravene any provisions of mandatory law in the prevailing circumstances.

15.2 Force majeure is deemed to mean any moral, practical or legal impossibility or any other failure which cannot be attributed to Projectorstore.eu, because it is not due to any fault on its part, nor can it be attributed to it pursuant to the law, a legal act or in accordance with any generally accepted principles, irrespective of the time of or whether the circumstances of such force majeure could be foreseen.

15.3 In the event of force majeure Projectorstore.eu shall notify you of this immediately, and you shall be entitled to cancel the relevant order within seven days of receiving such notice, although you shall have a duty to pay Projectorstore.eu for any part of the order which it has already fulfilled.


Article 16. Adjudication of disputes

16.1 Contrary to those provisions of the law governing the jurisdiction of civil courts, any dispute between a buyer and Projectorstore.eu shall be adjudicated by the District Court of Almelo in the event that a court of law has jurisdiction. Nevertheless, Projectorstore.eu shall retain the power to summon you to appear before a court of law which is competent in accordance with the law or an applicable international treaty.

16.2 Nonetheless where the value of a claim is less than EUR 5000.00 or the matter is one involving consumers, a court of law shall enjoy jurisdiction as provided for under the law unless the agreement pertaining to such jurisdiction was concluded after the dispute arose, or a party that is not acting for the purposes of conducting a business or pursuing an occu pat ion, petitions an appropriate court of law.


Article 17. Governing law

17.1 Any agreement entered into by you and Projectorstore.eu shall be governed by and construed in accordance with the law of the .

17.2 The Vienna Convention on Contracts of Sale (C.I.S.G.) shall not apply, nor shall any other international regulations whose exclusion is permitted.


Article 18. Miscellaneous

18.1 In the event that you communicate an address in writing to Projectorstore.eu, the latter shall be entitled to send all orders to that address, unless you notify Projectorstore.eu in writing of some other address to which any order needs to be sent.

18.2 Whenever Projectorstore.eu permits any departure from these general terms and conditions for any period of time tacitly or otherwise, it shall nevertheless be entitled to demand strict and immediate compliance with them. You may therefore not under any circumstances derive a right based on the fact that Projectorstore.eu flexibly applies these general terms and conditions.

18.3 In the event that one or more of the provisions of these general terms and conditions or any other agreement entered into with Projectorstore.eu may appear to be in breach of any applicable provision of the law, the relevant provision shall lapse and Projectorstore.eu shall draw up and replace it with a new, similar one which is permitted by law.