Terms & Conditions Cabolux
1.1 On all offers, orders and agreements of Cabolux to the exclusion of any other general condition, these terms and conditions apply. These Terms are available in our offices and will be sent on request.
1.2 Accepting an offer or placing an order means that you accept these conditions.
1.3 The provisions can be done in writing in these conditions, in which case the remaining provisions shall remain in force.
1.4 All rights and claims, as in these conditions and are stipulated in any further agreements for Cabolux, are also stipulated by Cabolux intermediaries and other third parties.
Article 2. Offers / agreements
2.1 All offers of Cabolux are without any obligation and Cabolux expressly reserves the right to change prices, especially when necessary on the basis of (legal) regulations. See also Article 3.6.
2.2 An agreement is only after acceptance of your order by Cabolux. Cabolux is entitled to refuse orders or attach certain conditions to the delivery, unless otherwise specified. If an order is not accepted, Cabolux communicates this within ten (10) days after receipt of the order.
2.3 Some of the products (such as videos and DVDs) are offered stating an age classification. By ordering these products, you represent that you have the right minimum age.
Article 3. Prices and Payments
3.0 All payments must be paid in cash, if otherwise agreed, the following provisions.
3.1 The mentioned prices for the offered products and services are in USA Dollars [$], including VAT and excluding handling and shipping, taxes or other charges unless otherwise stated or agreed in writing.
3.2 Payment on account shall be made without discount or compensation within fourteen (14) days after the invoice date for deliveries within the USA, and within twenty (21) days after the invoice date for deliveries outside the USA, unless otherwise agreed in writing.
3.3 Payment can be made by credit card or after payment [giro]. For your first order there is an order limit of up to fifteen hundred US dollars ($115.00) with after payment by giro and four hundred and fifty US dollars (€450.00) for credit card payment. When paying by bank or giro the date of payment is the date of crediting.
3.4 When exceeding the payment, you are from the day that payment should had been made in default and you are from that day in due of an interest of 1% per month or part of a month on the outstanding amount. If payment is made after a demand by Cabolux you owe a total of twenty-two US$ and sixty-nine US$ cents ($ 22.69) for administration costs and if Cabolux outsources its claim for collection, you’re also entitled to pay the collection costs, which is at least fifteen percent (15%) of the outstanding amount, without prejudice to Cabolux to claim the actual extrajudicial collection costs instead.
3.5 If you default on any payment, is entitled Cabolux (implement) the agreement and related agreements to suspend or dissolve.
3.6 If the prices for the products and services increase in the period between the order and its execution, you are entitled to cancel the order or dissolve the agreement within ten (10) days after notice of the increase by Cabolux.
Article 4. Delivery
4.1 The delivery times specified by Cabolux are only indicative. Late delivery does not entitle you to compensation nor the right to cancel your order or to terminate the agreement, unless the delay in delivery is such that you cannot reasonably expect to maintain the agreement. You are then entitled to cancel the order or terminate the agreement if necessary.
4.2 The delivery of the products will take place on the date and time schedule when the products are ready for shipment to you.
Article 5. Retention
5.1 The ownership of products is transferred only when all you owe havs been paid to Cabolux under any agreement. The risk, in respect of the products, is transferred at the time of delivery to you.
Article 6. Intellectual and industrial property
6.1 You should fully respect unconditionally all intellectual and industrial property rights and products delivered by Cabolux.
6.2 Cabolux does not guarantee that the delivered products do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You have the obligation at delivery to examine whether the products meet the agreement. If this is not the case, you should notify Cabolux as soon as possible and in any case within seven (7) days after the delivery, or after observation reasonably possible, in writing.
7.2 If it is demonstrated that the products do not meet the agreement, Cabolux has the choice to return the products and to replace it by new products or to refund the invoice value.
7.3 If you have a product for whatever reason do not wish to purchase, you have the right to return the product within seven (7) days after delivery to Cabolux. Returns are only accepted if the packaging of the product is undamaged and the plastic seal has not been broken on the package, also applies that the costs for returns are at your expense.
Article 8. Orders / communication
8.1 For misunderstanding, delays or transmission of orders and messages resulting from the use of Internet or other communication between you and Cabolux or between Cabolux and others, as it relates to the relationship between you and Cabolux, Cabolux is not liable, except to the extent there might be intentional or gross negligence of Cabolux.
Article 9. Force majeure
9.1 Without prejudice to its other rights, in cases of force majeure Cabolux has the right, at its option, the execution of your order to suspend or terminate the agreement without judicial intervention, by informing you of this in writing and this without Cabolux being liable for any compensation, unless this would be unacceptable in the circumstances to standards of reasonableness and fairness.
9.2 Force majeure is defined as any failure can be attributed to Cabolux because it is not due to her fault and not under the law, legal act or generally accepted traffic for its account.
Article 10. Miscellaneous
10.1 If you address in writing to Cabolux, it entitles Cabolux to send all orders to that address, otherwise you should sent in writing to Cabolux another address to collect your orders.
10.2 When Cabolux, whether or not deviate from these conditions for any period of time, will not prejudice their right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any right by virtue of the fact that Cabolux applies these conditions smoothly.
10.3 If one or more provisions of these Terms or any other agreement with Cabolux in conflict with any applicable provision the provision will lapse and will it be replaced by a to be determined by Cabolux new legally permissible comparable provision.
10.4 Cabolux is authorized in the execution of your order (s) to use third parties.
Article 11. Applicable law and jurisdiction
11.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, including these conditions, are only by Dutch law.
11.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.
Article 12. Dispute
12.1 Cabolux is affiliated with the Dutch Home Shopping Organization. Without prejudice to the application of Article 11.2, dispute consumers about the creation or implementation of agreements or the services or products to submit to the Dispute [Thuiswinkel], subject to the Rules Dispute Thuiswinkel.
12.2 A dispute is handled, by the Thuiswinkel Disputes Committee if the complaint is within thirty (30) days after delivery presented in writing to Cabolux.
12.3 Within three (3) months after the dispute was referred to Cabolux a dispute should be applied in writing to the Dispute Thuiswinkel.
12.4 The person who submits to the Dispute Thuiswinkel a complaint is charged a fee. The address of the Thuiswinkel Disputes Committee is: PO Box 90600, 2509 LP The Hague. The phone number is +31(0)70-3105310. For more information, please visit http://www.thuiswinkelwaarborg.nl.
Oostkousdijk 14A 3024CM Rotterdam
Tel: +31(0) 10-4846591 > Vracht afdeling
+31(0) 10-4860044 > Reis afdeling
Fax: +31(0) 10-4859677
1147 South Main Street, Brockton, MA 02301
Tel: +1 (508) 297 3254
OFFICE HOURS USA
Mon till Sat : 9.00 am - 6.00 pm
Sun : Closed