TERMS & CONDITIONSCONDITIONS OF SALE
1.1 With the exclusion of any other general terms and conditions, these General Terms and Conditions (hereafter: Conditions) apply to all offers, orders, and agreements of Esprinto International N.V. and its subsidiaries (hereafter: Esprinto).
1.2 Accepting an offer or placing an order means that you accept the applicability of these Conditions.
1.3 That which has been determined in these Conditions can only be deviated from in writing, in which case any other stipulations remain unimpaired.
1.4 Any rights and claims as stipulated in these Conditions and in any other agreements for the benefit of Esprinto are also stipulated for the benefit of intermediaries and other third parties called in by Esprinto.
Article 2. Offers / agreements
2.1 Any offers by Esprinto are without obligations. Esprinto expressly retains the right to modify prices with immediate effect.
2.2 Agreements are only entered into after Esprinto acceptance of your order. Esprinto shall be entitled to refuse orders or attach certain conditions to delivery unless expressly stated otherwise. If an order is accepted, Esprinto shall notify of this within one (1) day after receiving the order.
Article 3. Prices / payment
3.1 Prices for products and services offered are stated in euros and are exclusive of VAT.
3.2 Esprinto provides the opportunity to pay using the options for payment provided by Bibit.
3.3 Payment shall take place prior to shipping an order. You hereby give permission for any actions required for the realisation of payment according to the method of payment you choose.
3.4 Esprinto has outsourced payment transactions between you and Esprinto to Bibit. Esprinto shall not be held liable for any mistakes other than those based on undue payment or unjust enrichment in the execution of the payment order.
Article 4. Delivery / complaints / liability
4.1 After accepting your order, Esprinto makes every effort to deliver your ordered items within the number of days indicated by Esprinto via TNT Post. In practice, it may well be that your order is delivered sooner. Delivery periods apply as an indication and not as a firm date. No rights can be derived from the delivery period stated.
4.2 Esprinto uses TNT Post's delivery service to deliver the items ordered within the desired term and to the correct destination. TNT Post guarantees that 95% of their orders are delivered on time, provided they are available for delivery on time. Esprinto guarantees that orders are made available to TNT Post in good time.
4.3 Exceeding a delivery period does not entitle to a right to damages or the right to cancel an order or dissolve the agreement, unless the delivery period is exceeded to such an extent that you cannot in fairness be expected to maintain the agreement. If this is the case, you shall be entitled to cancel the order or dissolve the agreement insofar as this is required.
4.4 If it is proven that the products are not in compliance with the agreement, Esprinto shall have the option to replace the products concerned with new products against returning or reimbursing the invoice amount thereof.
Article 5. Orders / communication
5.1 Esprinto shall not be responsible for any misunderstanding, mutilation, delay or improper transmission of product representation, order and/or messages resulting from the use of the Internet or any other means of communication between you and Esprinto or between Esprinto and third parties, insofar as they are related to the relationship between you and Esprinto, unless and insofar as there is a matter of intentional act or omission or gross negligence by Esprinto.
Article 6. Force majeure
6.1 In the case of force majeure and without prejudice to the other rights belonging to Esprinto, they shall, at their own choice, be entitled to suspend the execution of your order or dissolve the agreement without judicial intervention by informing you in writing or via e-mail and without Esprinto being obliged to pay any damages unless this would be unacceptable given the circumstances according to the standards of reasonableness and fairness.
6.2 Force majeure shall be understood to mean any shortcoming that cannot be attributed to Esprinto because this is not due to any fault on their part, whether pursuant to the law, legal act, or according to prevailing opinions in business.
Article 7. Intellectual property law
7.1 Nothing in this publication may be copied or made public without written permission from Esprinto.
Article 8. Miscellaneous
8.1 Esprinto deals with personal data extremely carefully. Personal data we require at any time are required strictly for correct addressing or for properly dealing with payments. If you do not wish your data to be provided to third parties, you can indicate this on the website. If you do not expressly indicate this wish, Esprinto shall retain the right to pass your personal data on to third parties.
8.2 If you state a delivery address to Esprinto, Esprinto shall be entitled to send all orders to that delivery address. You are obliged to inform Esprinto of any change of address. As long as Esprinto has not received any message concerning a change of delivery address, orders are delivered at the last address known by Esprinto.
8.3 If, during a longer or shorter period of time, Esprinto tacitly allows deviations from these Conditions, this shall not affect their right to demand immediate and strict compliance with these Conditions. No rights can be exercised based on the fact that Esprinto applies these Conditions flexibly.
8.4 If one or more stipulations in these Conditions or any other agreement with Esprinto should prove to be contrary to any applicable provision, the provision in question shall be cancelled and replaced by a new, legally permissible and comparable provision to be established by Esprinto.
8.5 Esprinto shall try to reproduce products on their Internet site as close to the original design as possible. Esprinto shall not be liable for any faulty or deviating representation on a client's monitor. In principle, deviations do not give rise to compensation and/or dissolution.
Article 9. Applicable law / competent court
9.1 Esprinto International NV. is based in Willemstad, Netherlands Antilles. Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the Netherlands. All matters relating to your access to or use of this site shall be governed by the laws of Netherlands Antilles. Any legal action or proceeding relating to or arising from your access to or use of this site shall be instituted in Willemstad, Netherlands Antilles. You agree to submit to the jurisdiction of Netherlands Antilles courts and agree that venue in these courts is proper in any such legal action or proceeding.
For the payment and correct delivery of your order, Esprinto requires some personal data. Esprinto deals with this information extremely carefully. If you do not wish to be kept informed of the latest Esprinto news, indicate this with your personal data.
CONDITIONS OF USE
By using this site, you agree with the following conditions:
Intellectual property law
The (intellectual property) law relating to the website, including the texts, images, design, data files, photos and any other (still and/or moving) visual material, musical material, formats, software, brands (including domain names) and any other material rests with Esprinto or their licensors. If a user uploads their own visual material via the Esprinto website, he/she guarantees that no third party rights are violated who have a title pursuant to the Copyright Act 1912 or any other national, supranational, or international regulations in the area of copyright or industrial property law, or the right relating to the wrongful act. The user shall indemnify Esprinto at law and otherwise for any claims third parties can enforce pursuant to aforementioned law or regulations.
Utmost care has been given to the correctness, completeness, and topicality of the information on this site. However, no rights can be derived from the information on this site and no guarantee is provided for the faultless functioning of the website. Esprinto shall be entitled to modify or terminate (or have modified or terminated) this website at their own discretion and at any time, with or without notification. Esprinto shall not be liable for the consequences of modification or termination. Esprinto retains the right to deny visitors permission to use the website and/or certain services provided on the webpage. With reference to this matter, Esprinto can monitor access to the website.
Cookies are used for the optimal functioning of the sites. They are small text files the website automatically places on your computer.
Esprinto may choose to modify these conditions of use at any time; we therefore advise you to read the conditions of use regularly.