Conditions
Article 1 Definitions a. Chick-a-Dee: The Initiator and Company B.V. of Eemnes, also trading under the name Chick-a-Dee.b. Customer: the person who, by means of an order, has indicated that they wish to purchase one or more items from Chick-a-Dee.
c. Contract of sale: The order and the deposit/payment from which binding obligations to pay the balance and then make the delivery arise for the parties, together with all undertakings which apply between parties on the basis of this, subject to the provisions of these terms and conditions.
d. Order: the customer's declaration via any medium that he wishes to buy one or more items from Chick-a-Dee.
e. Deposit: if permitted by Chick-a-Dee, the amount which must be paid in connection with the order on the basis of which the order is confirmed and the contract of sale is concluded.
f. Balance: the amount of the purchase sum less the deposit which must be paid before Chick-a-Dee is obliged to make a delivery.
g. Delivery: the actual transfer of the items bought by the customer.
Article 2 Applicability of the General Terms and Conditions
a. These terms and conditions apply to the formation, content and execution of all contracts concluded between Chick-a-Dee and the customer, regardless of other provisions in the customer's terms and conditions, unless expressly agreed otherwise in writing.b. These terms and conditions also apply to matters between the parties arising from the contract of sale.
Article 3 Offering and acceptance via the Internet
a. Chick-a-Dee offers its products through display and pricing on its website: www.chick-a-dee.eu.b. In the event of a discrepancy between the prices specified by Chick-a-Dee and what the customer has seen according to his order via the Internet, Chick-a-Dee will not be obliged to deliver at the prices seen via the Internet and will offer the customer the opportunity to confirm his order at the correct prices or to cancel. In that case no cancellation charge will be payable.
c. The customer who places his order via the site specified at a. accepts these terms and conditions and is obliged to provide the requested information and to pay the deposit specified for that order.
d. Chick-a-Dee will check the validity of this payment and that of the balance or will have it checked by third parties.
e. Chick-a-Dee will send the customer who has thus placed an order and made a verified (deposit) payment a confirmation by e-mail specifying when delivery is expected to be made.
f. If the entire purchase sum has not yet been paid, the customer will pay the balance at least one week before the specified date of delivery.
Article 4 Delivery
a. After receipt of the entire purchase sum or the balance, Chick-a-Dee will ship the ordered goods to the customer or have them shipped.b. The customer, one of his housemates or the resident of the delivery address specified by the customer will sign for receipt when the order is delivered. Without that signature Chick-a-Dee is not obliged to deliver.
c. if delivery is refused or is not otherwise possible due to the customer's actions, the customer is still obliged to pay the purchase sum.
d. if the customer still wants delivery, the costs associated with the storage and re-delivery will be borne by the customer. These costs need to be paid before delivery.
e. The delivery and the signature for receipt will mean that Chick-a-Dee has complied with its obligations and has fully executed the contract of sale.
Article 5 Offering and acceptance other than via the Internet
a. If, contrary to the provisions of article 3. the customer places the order with Chick-a-Dee by means other than via the Internet (e.g. by fax or letter), the deposit and the balance can only be paid by transfer to a bank account specified by Chick-a-Dee.b. Chick-a-Dee will then send a confirmation as described in article 3. at e. by the same means of communication.
c. The provisions of article 3 otherwise apply.
Article 6 Complaints
a. The customer is entitled to complain to Chick-a-Dee within one week of receipt of the purchased items.b. The customer must notify Chick-a-Dee in writing of the defect in the delivery.
c. Article 9 at d., e. and f. applies correspondingly.
d. Complaints are not possible with regard to a defect in the signature if the delivering party declares that they delivered to the specified address.
e. Chick-a-Dee will carry out or commission an investigation into the defects in the delivery, and if those defects are accepted, will offer the customer redress through supplementation, rectification of the defect or compensation.
Article 7 Guarantee
a. Chick-a-Dee gives the customer a 3 year guarantee with regard to manufacturing and material faults.b. For the guarantee conditions please see the manufacturer's terms of guarantee and the supplementary guarantee from Chick-a-Dee.
c. For a longer guarantee, the customer needs to conclude a separate agreement with Chick-a-Dee.
d. No other guarantees are given.
Article 8 Force majeure
a. In the event of force majeure Chick-a-Dee will not be obliged to deliver.b. Force majeure in this context refers to any cause outside Chick-a-Dee's control as a result of which Chick-a-Dee does not (temporarily) have the goods to be delivered at its disposal.
c. In the event of force majeure, Chick-a-Dee will be obliged to give the customer the choice of accepting a delivery at a later date or cancelling the purchase and claiming a refund of the sums paid.
d. A delay in delivery of up to 2 months is not deemed to constitute force majeure. In that case there is also no entitlement to cancel.
Article 9 Cancellation
a. The customer is entitled to cancel the purchase subject to the provisions of article 8 at d. and this article at b., in which case he remains liable for the deposit, which deposit will be treated as a payment to cover costs.b. The cancellation can only be given in writing up to two weeks before the scheduled delivery as described in article 3 at e.
c. Cancellation by other means or after that time is not possible.
d. The customer is responsible for ensuring the timely delivery of the notice of cancellation.
e. In the event of cancellation Chick-a-Dee is not obliged to deliver.
f. If the customer/natural person resides within the European Community and is not acting in connection with his professional activities and also if the customer has not been able to see the purchased item before placing the order, he has the right to cancel the sale in writing (letter d. applies) within seven days of receipt of the ordered goods. In that case the customer is obliged to return the purchased item unused within two days of the cancellation, in which case he is entitled to reimbursement of the purchase sum (excluding the costs of shipping, import and excise duties) less the direct return costs. If a loan has been taken out with or via Chick-a-Dee in connection with the purchase, it will then be cancelled without cost or penalty.
Article 10 Terms of payment
a. In the event of late payment of any sum owed by the customer under or relating to the contract of sale, the customer will be obliged to reimburse all costs.b. In the event of late payment Chick-a-Dee is not bound by any obligation under this contract. In particular, Chick-a-Dee is not obliged to make or keep the ordered goods available.
c. Chick-a-Dee is not obliged to deliver until the customer has paid all sums owed.
d. In the event of payment through a credit card organisation or a comparable institution, the customer unconditionally waives the right to cancel the payment.
e. The customer unconditionally mandates Chick-a-Dee to reverse a cancellation as described at d. by writing to the organisation concerned for that purpose.
f. The customer is obliged to reimburse Chick-a-Dee for the associated costs.
g. Chick-a-Dee is entitled to inform the organisation concerned about the above provision and about the contract of sale.
Article 11 Liability
a. Chick-a-Dee's liability under the contract is limited to such a sum as is reasonably and fairly proportionate to the agreed purchase sum, but in any case not more than the amount of the liability insurance taken out by Chick-a-Dee.b. Chick-a-Dee is not liable for (loss caused by) acts or omissions contrary to the instructions for use for the purchased item (with regard to which the customer declares that he has received them or has been able to peruse them), or by acts or omissions contrary to what can be expected of a good and careful user.
c. Chick-a-Dee is not liable for (loss caused by) use, acts or omissions by persons other than the customer.
Article 12 Disputes and applicable law
a. Dutch law governs the contract between Chick-a-Dee and the customer, wherever in the world they may be established or resident. Parties exclude the applicability of any other national law.b. All disputes relating to the formation, interpretation, execution and/or termination of the contract or contracts and/or orders arising from it will be brought before the competent court in Utrecht (The Netherlands).
