Article 1: Applicability, definitions
Article 2: Offer and prices
1. Unless a period of validity is stated in/next to an offer, this is a non-binding offer. WorldofTIGR may revoke this offer at the latest within 2 working days after receipt of the acceptance.
2. Unless stated otherwise, the prices mentioned in an offer, price list or on the website are inclusive of VAT and exclusive of any costs, such as transport costs, shipping costs and administration costs. For each product, the applicable VAT amount and any costs will be clearly stated.
3. A combined offer does not oblige WorldofTIGR to deliver a part of the offered goods for a corresponding part of the price.
4. The offer and prices do not automatically apply to repeat orders.
5. Models and examples shown, statements of colors, dimensions, weights and other descriptions on the website are as accurate as possible, but are only valid as an indication. The other party cannot derive any rights from this.
6. a. If between the conclusion of the agreement and the execution thereof (cost) price increasing circumstances occur for WorldofTIGR due to changes in legislation and regulations, government measures, currency fluctuations or changes in the prices of the required materials or raw materials, WorldofTIGR may increase the agreed prices accordingly and charge them to the other party.
b. In case of price increases within 3 months after the conclusion of the agreement, the consumer may dissolve the agreement by means of a written statement. Unless the consumer informs WorldofTIGR within 14 days after notification of the price change, WorldofTIGR may assume that the consumer has agreed to this change.
Article 3: Realization of agreements
1. Unless otherwise stated on the website, WorldofTIGR is only bound to an order via the website after it has confirmed this in writing – whether or not by means of an automatic message – to the other party.
Article 4: Distance purchase – cooling-off period, right of dissolution
1. This article only applies to the consumer in case of a distance purchase in the sense of article 6:230g paragraph 1 of the Dutch Civil Code.
2. In the case of a distance purchase, the consumer has a cooling-off period. Within this cooling-off period the consumer may dissolve the agreement without giving a reason.
3. The cooling-off period referred to in the previous paragraph is a period of 14 calendar days from the day on which the consumer or a third party designated by him (not the carrier):
a. has received the goods;
b. has received the last item, if the consumer has ordered several items in one order and these items are delivered separately;
c. has received the last consignment or the last part, if the delivery of one good consists of several consignments/parts;
d. has received the first item for an agreement that involves the regular delivery of items during a certain period of time.
4. Dissolution shall take place by written notification from the consumer to WorldofTIGR whether or not using a model form provided by WorldofTIGR.
5. By a dissolution in accordance with the preceding paragraphs, all possible additional agreements shall also be dissolved by operation of law.
6. The consumer has no right of rescission upon delivery of:
a. specific, tailor-made items or items that are clearly intended for a specific person;
b. items that are not suitable for return for reasons of health protection or hygiene and of which the seal/packaging has been broken after delivery;
c. goods which, by their nature, have been irrevocably mixed with other goods after delivery.
7. If the consumer wishes to return the delivered good because it does not comply with what the parties have agreed, the provisions of the complaint article shall apply.
Article 5: Distance purchase – return shipment, reimbursement
1. Unless WorldofTIGR collects the delivered goods himself/herself, the consumer must return the goods immediately – but in any case within 14 days after dissolution – in their original packaging, unused and at his/her own expense and risk to WorldofTIGR or a third party authorized by WorldofTIGR.
2. At the latest within 14 calendar days after dissolution, WorldofTIGR shall reimburse the product prices of the returned products – within the framework of the relevant agreement – in the same way and in the same currency as used by the consumer.
3. WorldofTIGR shall not be obliged to reimburse any additional costs incurred because the consumer has expressly opted for a method of delivery other than the least expensive method of standard delivery offered by WorldofTIGR.
4. Unless WorldofTIGR collects the delivered goods itself, the consumer can only claim a refund after WorldofTIGR has received the goods back or the consumer has demonstrated that the goods have been returned by him, whichever time comes first.
5. WorldofTIGR may refuse returned goods or only refund part of the payments received – from the consumer – if the goods are not in the original packaging, have been processed, used (beyond what is necessary to determine the nature, characteristics and operation of the goods) and / or damaged. WorldofTIGR will inform the consumer immediately upon receipt of the goods.
6. The consumer is liable for the reduction in value of the case if his handling of the case has gone beyond what is necessary to determine the nature, characteristics and operation of the case.
7. The consumer will never be liable nor owe any costs for the mere fact that he makes use of his right of dissolution.
Article 6: Engagement of third parties
If WorldofTIGR deems it necessary, it may have certain deliveries made by third parties.
Article 7: Confidential information
1. WorldofTIGR shall keep all information obtained from or about the other party in the context of the conclusion and execution of the agreement secret. WorldofTIGR shall only provide this information to third parties to the extent necessary for the execution of the agreement.
2. WorldofTIGR shall take all reasonable precautions to keep this information secret. This confidentiality obligation also applies to its employees and third parties involved in the execution of the agreement under its responsibility.
3. If the information relates to personal data within the meaning of the General Data Protection Regulation, WorldofTIGR shall process the information in accordance with this Regulation and shall also report any breaches of the security of the information in accordance with this Regulation. However, Become Gladiator shall never be liable for damages suffered by the other party as a result of the loss or destruction of this information, unless this is due to intent and/or willful recklessness of WorldofTIGR or the executive staff at management level or the liability arising from the regulation.
4. The obligation of confidentiality does not apply if WorldofTIGR as a result of laws and / or regulations or a court ruling must disclose the confidential information and can not rely on a legal or a court-approved right of non-disclosure. This exception also applies to the employees and other persons referred to in paragraph 2.
Article 8: Delivery, delivery terms
1. Agreed terms are never fatal terms. If WorldofTIGR fails to fulfil its obligations (in a timely manner), the other party must declare it in default in writing and grant it a reasonable term to still fulfil these obligations.
2. An agreed term shall commence as soon as WorldofTIGR has received all necessary information for the delivery and any agreed (advance) payment from the other party. If a delay occurs as a result of this, the term shall be extended proportionally.
3. WorldofTIGR may deliver in parts and invoice each partial delivery separately.
4. The risk for the goods to be delivered shall pass to the contracting party at the moment the goods leave the premises, warehouse or store of WorldofTIGR has informed the contracting party that the goods can be collected.
5. Dispatch or transport of the goods shall take place at the expense and risk of the opposing party and in a manner to be determined by WorldofTIGR. WorldofTIGR is not liable for damages of any nature whatsoever related to the shipment or transport.
6. Unless the parties agree on a different term, delivery to the consumer shall be subject to a maximum period of 30 days after the conclusion of the agreement. In this case, the risk is transferred to the consumer at the moment the goods are actually available to him/her/the third party designated by him/her (not the carrier). If the consumer himself appoints the carrier (not a carrier proposed by WorldofTIGR), the risk transfers to him upon receipt of the goods by this carrier. Shipping or transport is at the consumer’s expense.
7. If, due to a cause within the scope of risk of the opposing party, it turns out to be impossible to deliver the ordered goods (in the agreed manner) to the opposing party or if they are not collected, WorldofTIGR may store the goods at the expense and risk of the opposing party. The contracting party shall then enable WorldofTIGR to deliver or collect the goods within a reasonable term set by WorldofTIGR.
8. If the counterparty fails to meet its purchase obligation after the aforementioned reasonable period of time, it shall be immediately in default. WorldofTIGR may then dissolve the agreement in whole or in part by means of a written statement with immediate effect and sell the goods to third parties without being obliged to pay damages, costs and interest. This does not affect the obligation of the other party to compensate any (storage) costs, damages and loss of profit of WorldofTIGR and/or the right of WorldofTIGR to still claim compliance.
Article 9: Complaints
1. The opposing party checks the delivered goods immediately upon receipt and states any visible defects, malfunctions, damages and/or deviations in numbers on the waybill or accompanying receipt or – in the absence thereof – reports these to WorldofTIGR in writing within 2 working days. If such complaints are not reported on time, the goods are deemed to be received in good condition and in accordance with the agreement.
2. Other complaints the contracting party shall report in writing to WorldofTIGR immediately after discovery – but at the latest within the agreed warranty period. All consequences of not immediately reporting are at the risk of the other party. If no warranty period has been agreed, a period of 1 year after delivery applies.
3. In the absence of a timely complaint, it is not possible to invoke an agreed warranty.
4. If goods ordered can only be delivered in (wholesale) packaging in stock at WorldofTIGR or in minimum quantities or quantities, the goods may show minor deviations – accepted in the industry – with regard to stated weights, quantities, colors and sizes. These deviations are not a shortcoming on the part of WorldofTIGR and the warranty cannot be invoked.
5. Complaints do not suspend the payment obligation of the other party.
6. The previous paragraph does not apply to the consumer.
7. The other party shall enable WorldofTIGR to investigate the complaint and shall provide all relevant information. If return shipment is necessary for the investigation, this shall be for the account of the other party, unless the complaint turns out to be well-founded afterwards. The transport risk is always for the other party.
8. Returns shall take place in a manner to be determined by WorldofTIGR and in the original packaging or packaging.
9. No complaints are possible about:
a. imperfections in or properties of goods manufactured from natural materials, if these imperfections or properties are inherent to the nature of the materials;
b. discolourations and minor mutual color deviations;
c. items which, after receipt by the other party, have changed in nature and/or composition or have been worked on or processed in whole or in part.
Article 10: Guarantees
1. WorldofTIGR shall carry out the agreed deliveries properly and in accordance with the standards applicable in its industry, but shall never provide a more extensive warranty than expressly agreed.
2. During the warranty period, WorldofTIGR guarantees the usual quality and soundness of the delivered goods.
3. If a warranty has been issued by the manufacturer or supplier for the items delivered by WorldofTIGR, that warranty shall apply in the same way between the parties. WorldofTIGR shall inform the other party about this.
4. WorldofTIGR always endeavors to inform the other party as well and fully as possible about the items delivered by it, such as about the constituents/materials from which the item is manufactured with a view to possible skin irritations in connection with allergies and other conditions. WorldofTIGR is, however, largely dependent on the (product) information provided by the supplier/manufacturer with or about the item. For this reason, WorldofTIGR can not guarantee that the information provided with / on the case is always complete or correct and is not liable for any damage or other consequences that may result for the other party.
5. If the purpose for which the other party wants to treat, process or use the items deviates from the usual purpose, WorldofTIGR only guarantees that the items are suitable for this purpose if it has confirmed this to the other party in writing.
6. The warranty cannot be invoked as long as the other party has not yet paid the agreed price for the goods.
7. The previous paragraph does not apply to the consumer.
8. In the event of a justified claim under the guarantee, WorldofTIGR shall – at its discretion – either repair or replace the goods free of charge or provide a refund or a discount on the agreed price. In case of additional damage, the provisions of the liability clause shall apply.
9. The consumer may always opt for free repair or replacement of the goods, unless this cannot reasonably be required from WorldofTIGR. In the latter case, the consumer may dissolve the agreement by written statement or demand a discount on the agreed price.
Article 11: Liability
1. Apart from the warranties expressly agreed or given by WorldofTIGR, WorldofTIGR accepts no liability whatsoever.
2. WorldofTIGR is only liable for direct damages. Any liability for consequential damages, such as trading losses, loss of profits and / or losses suffered, damage caused by delay and / or personal or personal injury, is expressly excluded.
3. The other party takes all necessary measures to prevent or limit the damage.
4. If WorldofTIGR is liable, the obligation to pay compensation shall always be limited to a maximum of the amount paid out by its insurer as the case may be. If the insurer does not pay out or the damage is not covered by an insurance taken out by WorldofTIGR, the obligation to pay compensation is limited to a maximum of the invoice amount for the delivered goods.
5. At the latest within 6 months after he has become aware or could have become aware of the damage suffered by him, the opposing party must hold WorldofTIGR liable for this.
6. Contrary to the previous paragraph, a period of 1 year shall apply to the consumer.
7. WorldofTIGR is not liable – and the other party cannot invoke the applicable warranty – if the damage is caused by:
a. Incompetent use, use contrary to the purpose of the delivered goods or use contrary to the instructions, advice, instructions for use, leaflets, etc. provided by/on behalf of WorldofTIGR;
b. improper storage or maintenance of the goods;
c. errors or omissions in the information provided by or on behalf of the other party to WorldofTIGR;
d. directions or instructions from/on behalf of the other party;
e. or as a result of a choice of the other party that deviates from what WorldofTIGR advised and/or is customary;
f. or as a result of the fact that the other party or third parties have carried out (repair) work or operations on the delivered goods on its behalf, without the express prior consent of WorldofTIGR.
8. In the cases listed in the previous paragraph, the other party is fully liable for the resulting damages and indemnifies WorldofTIGR against any claims of third parties.
9. The limitations of liability included in this article do not apply if the damage is due to intent and/or willful recklessness of WorldofTIGR or the executive staff at management level or if mandatory legal provisions dictate otherwise. Only in these cases, WorldofTIGR shall indemnify the other party against any claims by third parties.
Article 12: Payment
Article 13: Retention of title
1. All items delivered/to be delivered pursuant to the agreement remain the property of WorldofTIGR until the other party has fulfilled all its payment obligations.
2. These payment obligations consist of the payment of the purchase price of the goods, increased by claims due to work performed in connection with the delivery and claims due to an attributable shortcoming of the other party, such as claims to pay damages, extrajudicial collection costs, interest and possible penalties.
3. In the event of delivery of identical, non-individualizable goods, the party belonging to the oldest invoices shall always be deemed to have been sold first. The retention of title shall therefore always rest on all delivered items that are still present in the other party’s stock, store and/or household effects when the retention of title is invoked.
4. The other party may resell the goods within the framework of its normal business operations, provided that it also stipulates a retention of title on these goods with its customers.
5. As long as the goods are subject to a retention of title, the other party may not pledge them in any way or bring them under the actual control of a financier.
6. The other party shall immediately inform WorldofTIGR in writing if third parties claim to have ownership or other rights to the goods.
7. As long as the other party has the items in his possession, he shall keep these carefully and as identifiable property of WorldofTIGR.
8. The counterparty shall provide such business or household contents insurance that goods delivered under retention of title are co-insured at all times. He shall give WorldofTIGR upon her first request access to the insurance policy and corresponding premium payment receipts.
9. If the other party acts contrary to this article or WorldofTIGR invokes the retention of title, WorldofTIGR and its employees may enter the premises of the other party and take back the goods. This shall not affect the right of WorldofTIGR to compensation of damages, loss of profit and interest and the right to dissolve the agreement without further notice of default by means of a written statement.
Article 14: Bankruptcy, lack of power of disposal, etc.
1. WorldofTIGR may dissolve the agreement without further notice of default by means of a written statement to the other party at the time the other party:
a. is declared bankrupt or an application for bankruptcy has been made;
b. applies for (provisional) suspension of payment;
c. is affected by an attachment under execution;
d. is placed under guardianship or administration;
e. loses the power of disposition or legal capacity with regard to (parts of) his assets in any other way.
2. The other party shall always inform the trustee or administrator of the (contents of the) agreement and these general terms and conditions.
Article 15: Force majeure
Article 16: Cancellation, suspension
1. This article does not apply to dissolution within the statutory cooling-off period as referred to in article 4.
2. If the other party wishes to cancel the agreement prior to or during the execution, WorldofTIGR may request a fixed compensation from the other party for all costs incurred and the damage suffered by the cancellation, including the loss of profit. At the discretion of WorldofTIGR and depending on the deliveries already made, this compensation amounts to 20 to 100% of the agreed price.
3. The other party indemnifies WorldofTIGR against claims of third parties resulting from the cancellation.
4. WorldofTIGR may set off the compensation due against all amounts paid by the other party and any counterclaims of the other party.
5. In case of suspension of the delivery(s) at the request of the other party, the compensation for all deliveries made is immediately due and payable and WorldofTIGR may charge this to the other party. This also applies to any costs already incurred or costs resulting from the suspension.
6. Costs that result for WorldofTIGR from the resumption of the delivery(s) shall be for the account of the other party. If the execution of the agreement cannot be resumed after the suspension, WorldofTIGR may dissolve the agreement by a written statement to the other party.
Article 17: Applicable law, competent court
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