TERMS AND CONDITIONS
1. Definitions Unless the context requires otherwise, in this Agreement, the following expressions have the following meanings:
1.2 ‘Supplier’ means Samarali B.V. trading as samarali.eu, trading company located at:
Rotterdam, 3068 DJ
VAT No. NL859820324B01
1.3 ‘Goods’ means the goods or services supplied by Samarali B.V. trading as samarali.eu
1.4 ‘Customer’ means the person or company who purchases or agrees to purchase goods or services from Samarali B.V. trading as samarali.eu.
2.1 These general terms and conditions are accessible to everyone through the internet site of the Supplier and apply to all offers of the Supplier
2.2 No contract exists between the Customer and the Supplier for the sale of any goods or services until the Supplier has received payment in full, the Supplier has received and accepted the Customer’s order and the goods have been shipped by the Supplier. There is a binding legal contract between Supplier and Customer once the Supplier has shipped the goods
2.3 When the order is placed, a confirmation of the Customer’s order will be sent to the Customer via e-mail, but acceptance of the Customer’s offer to buy the Goods will not take place until the goods are shipped and after payment is taken by the Supplier. It is at this point that any contract is subject to these Terms and Conditions and a binding legal contract is created.
2.4 The Supplier may change these terms and conditions of sale without notice to the Customer in relation to future sales.
2.5 The contract is subject to the Customer’s right of cancellation (8).
2.6 The Supplier reserves the right to decline any order for any reason
3. Description of the goods
3.1 The price and description of the goods the Customer orders will be as shown on the Supplier’s website when the order is placed.
3.2 The goods are subject to availability. If on reception of the order the goods the Customer has ordered are out of stock, the Supplier informs the Customer as early as possible.
3.3 The Supplier will try to keep specifications as clear and transparent as possible and publish detailed specifications of all the goods.
4. Price of the Goods
4.1 All prices on the site are subject to typesetting and printing errors. For the consequences of these errors no liability is accepted.
4.1 Everything is done to make sure that prices displayed on the Supplier’s website are accurate at the time a Customer places an order. The Supplier will inform the Customer as soon as possible if an error is found, and offer the option of cancelling the order or reconfirming the order at the correct price. If an order confirmation is not received by the Supplier within 7 days of informing the Customer of the error, the Customer will be notified by email and the order will be cancelled. If the order is cancelled by the Customer prior to dispatch, the Customer will be refund or re-credited by the Supplier for any amount paid by the Customer or debited from the Customer’s credit/debit card for the goods.
4.2 In addition to the price of the goods, the Customer may be required to pay;
4.2.1 Delivery & Postage charges
4.2.2 Value Added Tax (VAT) and any other relevant taxes
4.3 Goods marked as ‘Complimentary’, ‘Free’ or ‘Free of charge’ items under promotional offers will be treated as a component of the primary goods sold.
5.1 At the time the Customer places an order Payment for the goods, Delivery and postage charges can be made by any method shown on the website of the Supplier
5.2 Before the delivery date payment shall be due.
5.3 Until cleared funds are received there will be no delivery.
5.4 Credit account invoices (unless otherwise agreed by the Supplier) shall be payable by the Customer within 30 days of the invoice. The Supplier reserves the right to charge interest on overdue amounts in the event of late payment.
6.1 Orders placed before 20:00h on Monday to Friday (excluding public holidays) will usually be processed the same day.
6.2 The goods ordered by the Customer will be delivered to the delivery/shipping address given by the Customer.
6.3 If delivery cannot be made to the delivery/shipping address for reasons under the Supplier’s control, the Customer will be informed by the Supplier as soon as possible and be refund or re-credited for any sum paid by the Customer or debited from the Customer’s credit card for delivery.
6.4 If the Customer deliberately fails to take delivery when delivery is attempted, then the Supplier may:
6.4.1 store the goods until actual delivery and charge the Customer for reasonable costs of the storage; or
6.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) credit to the Customer for any excess over the price the Customer agreed to pay for the goods or charge the Customer for any shortfall below the price agreed to pay for the goods.
6.5 If the Customer fails to take delivery because the contract has been cancelled by the Customer under the Distance Selling Regulations 2000, the Customer shall be refunded or re-credited within 30 days any sum that has been paid by the Customer or debited from the Customer’s credit card for the goods less any expenses incurred for failed delivery.
6.6 After the Customer’s order has been accepted every effort will be made to deliver the goods as soon as possible. However, the Supplier will not be liable for any loss or damage suffered by the Customer through unavoidable or reasonable delays in delivery.
6.7 Time for delivery shall not be of the essence. The supplier may deliver the goods in advance of the quoted delivery date.
6.8 Upon reception of the Customer’s goods the Supplier needs to be notified by the Customer within 48 hours to notify the Supplier of any missing items or discrepancies in the order.
6.9 The Supplier may write to the customer for an additional shipping charge for International orders, where the actual weight of the package significantly exceeds the shipping cost charged
7.1 From the time of delivery the goods are at the Customer’s risk
7.2 Ownership of the goods shan’t pass from the Supplier to Customer until the Supplier has received in full (in cleared funds or cash) all sums due to it in respect of:
7.2.1 the goods, and
7.2.2 all other sums which become or which are due to the Supplier from the Customer on any account.
7.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
8. Customer Cancellations and Returns
Goods ordered may only be returned within 30 working days for a full product refund including VAT, providing the following conditions are met:
8.1 The contract can be cancelled by the Customer at any time up to the end of 14 working days after the Customer receives the goods without giving any reasons. The purchase is a fact if the Customer did not cancel the contract with the Supplier in regards to delivered goods within specified time.
8.2 The Supplier must be given written notice by the Customer by letter or via email to exercise the right of cancellation, giving details of the goods ordered and any order reference. Notification by phone is not sufficient.
8.3 If the Customer exercises the right of cancellation after the goods have been delivered, the Customer will be responsible for returning the goods to the Supplier. Returning the delivered goods is entirely at the Customer’s expense and risk.
8.4 The Goods remain the Customer’s responsibility during transit and until signed for by the Supplier.
8.5 When returning the product the same ‘Delivery note’ must be included by the Customer that has been received upon the receipt of the good.
8.6 The goods must be returned to the name of Samarali B.V. to the address:
3068 DJ Rotterdam,
8.7 Reasonable care must be taken by the Customer to ensure the goods are not damaged in the meantime or in transit.
8.8 Goods must be returned complete, unless goods are defective. If any item(s) are damaged or missing when received then the product is deemed incomplete
8.9 Once the Supplier is notified by the Customer that the Customer is cancelling the contract, the Supplier will refund or re-credit the Customer within 14 days from receipt of the returned goods for any sum that has been paid by the Customer or debited from the Customer’s credit card for the goods. This means the Supplier will ensure that the full purchase amount, including the calculated shipping costs, is refunded to the customer within 2 weeks of the receipt of the return shipment.
8.10 If the goods are not returned as required by the Customer (explained in previous paragraphs), the Customer may be charged a sum by the Supplier not exceeding the direct costs of recovering the goods.
8.11 The Supplier may charge a restocking fee for items returned that are not in a suitable condition
8.12 Distance Selling Regulations only apply to Business to Consumer transactions.
9.1 For 3 months from the date of supply (unless otherwise stated) all goods supplied by the Supplier are warranted free from defects. The Customer’s statutory rights are not affected by this warranty.
9.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, accident, wilful damage, any alteration or repair carried out without the Supplier’s approval, negligence by the Customer or any third party, use otherwise than as recommended by the Supplier or failure to follow the Supplier’s instructions
9.3 If the goods supplied to the Customer are damaged on delivery, the Customer should notify the Supplier immediately in writing through the following email address; firstname.lastname@example.org.
9.4 If the goods supplied to the Customer develop a defect while under warranty or the Customer has any other complaint about the goods, the Supplier should be notified by the Customer in writing via the email address shown above as soon as possible, but in any event within 7 days of the date the Customer discovered or ought to have discovered the damage, defect or complaint.
9.5 If goods are found to be defective, the Customer will be sent a working replacement. The Supplier will offer a refund where the Supplier is unable to replace the item. The Customer also has the right to cancel. 1
10. Limitation of Liability
10.1 the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
10.2 The Supplier shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of business, loss of profit, depletion of goodwill or otherwise), expenses, costs or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10.3 The supplier is not liable for damage caused by incorrect use of the products. Before use, read the instructions on the packaging and / or consult our website.
11. Pictures and specifications
11.1 All drawings, product photos and illustrations are for illustrative purposes only and do not from part of this agreement.
11.2 All images; photos, drawings etc .; data regarding weights, labels, dimensions etc. on the website of Supplier are only approximations and cannot give rise to termination of the agreement or compensation.
11.3 Drawings, illustrations, product photos or other documents issued either before or after the conclusion of the agreement for the use or information of the customer shall not be reproduced, copied or communicated to any third party without prior written consent of the Supplier.
12.1 Offers are without obligation, unless stated otherwise in the offer.
12.2 The Supplier reserves the right to revoke or deviate from the offer within the period of 3 working days after receiving the acceptance of a non-binding offer by the buyer.
12.3 Oral commitments only bind the Supplier after they have been explicitly confirmed in writing.
12.4 Offers from the Supplier do not automatically apply to repeat orders.
12.5 The Supplier cannot be held to its offer if the offer contains mistake/-s or error/-s.
12.6 Additions, changes and / or further agreements are only effective if agreed in writing.
13. Data Protection
13.1 All necessary precautions will be taken by the Supplier to keep the details of the Customer’s order and payment secure. The Supplier will not be liable for unauthorised access to information supplied by Customer.
13.2 Supplier respects the privacy of the users of the website and ensures confidentiality of the Customer’s personal data.
13.3 Supplier in some cases uses a mailing list. Each mailing contains instructions to remove yourself from this list.
14. Force majeure
14.1 The Supplier is not liable if its obligations cannot be met due to force majeure.
14.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delays or defaults by our suppliers, disruptions in electricity, disruptions in e-mail traffic, disruptions in the Internet and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, supplier negligence and / or manufacturers of the Supplier as well as auxiliary persons, defects in auxiliary or transport equipment and illness of personnel are regarded as force majeure.
14.3 The Supplier reserves the right in the event of force majeure to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way execution remains possible. Under no circumstances is the Supplier obliged to pay any fine or compensation.
14.4 If the Supplier’s obligations have already been partially fulfilled upon the commencement of the force majeure, or can only partially be fulfilled, the Supplier is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to make a payment for this invoice as if it was a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
15. Our Right of Cancellation
If the Supplier is unable to supply the goods to the Customer for reasons beyond the reasonable control of the Supplier, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, the agreement by be cancelled by the Supplier at any time before the goods are delivered by giving notice to the Customer. Any sums paid by the Customer or on the Customer’s behalf under or in relation the agreement shall promptly be repaid to the Customer. The supplier shall not be liable for any other loss or damage whatever arising from such cancellation.
16. Applicable Law
These terms of sale and the supply of the goods will be subject to Dutch law and the Dutch courts will have jurisdiction in respect of any dispute arising from the contract.
Samarali B.V. March 24, 2020