Article 1 – Definitions In these Conditions the following definitions apply:
1. User: Interactive World LLC and/or one of the above trade names, offering distance marketing of products and/or services to Customers;
2. Customer: any purchaser/contract party, including Consumers, with whom User negotiates or enters into Contracts.
3. Consumer: the natural person not acting in the exercise of a profession or business, who has entered into a distance contract with the entrepreneur;
4. Distance Contract: a contract for which one or more means of distance communication are used exclusively as part of a system for the distance sale of products and/or services organised by the entrepreneur up to and including the conclusion of the contract;
5. Means of distance communication: a means that can be used for entering into a contract without the simultaneous presence of consumer and entrepreneur in the same physical room;
6. Right of withdrawal: the possibility for Consumer to withdraw from the Distance Contract within the reflection time;
7. Durable medium: any medium that enables Consumer or entrepreneur to store information addressed personally to them in such a way that it is accessible for future reference and that allows the unchanged reproduction of the information stored.
Article 2: Applicability:
2.1. These General Conditions shall apply to any offer of User and to any (Distance) Contract entered into between User and Customer. User expressly rejects the applicability of any general conditions of Customer.
Article 3: Conclusion of Contract
3.1. Any offers and/or quotations of User shall at all times be free of engagement, and are considered one integrated offer and/or quotation. An offer or quotation is cancelled if the Product to which the offer or quotation applies, has meanwhile become (temporarily) unavailable or undeliverable. In all other cases an offer or quotation shall lose its validity in case a Customer has not approved in writing of the quotation or offer made, within 10 days.
3.2. Illustrations, drawings, dimensions, quantities, weights, price lists, print, brochures, mailings, letters, faxes, emails, websites, advertisements, advertising provided by User, and any other general information provided on behalf of User give a general representation of that which is offered, but shall be free of engagement.
3.3. Immediately after the acceptance of the offer User may withdraw the offer, even if the offer contains a term of acceptance, and acceptance has taken place within said term. A withdrawal shall at any time be effective immediately if it has taken place within 2 business days of acceptance.
3.4. Offers or quotations shall not be binding on User if Customer should reasonably understand that the quotations of offers or part thereof contain an apparent mistake or typographical error.
3.5. A distance contract is at all times considered concluded in case User has commenced the performance of the order but not before receipt of an electronic confirmation of the order by Consumer.
3.6. A quotation of offer made by telephone is not considered concluded until after User has confirmed said quotation or offer to Customer in writing, including by email. The extent of our obligations is exclusively determined by the order confirmation, unless expressly agreed otherwise.
Article 4: Delivery
4.1. Specified or agreed delivery times shall never be considered final dates. User shall not be in default due to mere non-observance of said times, and Customer cannot rescind the Contract or part thereof on account of that. In that case Customer is not entitled to damages. In the event of late delivery therefore, User must be declared in default in writing, and must be given a reasonable time limit to subsequently perform. A reasonable time limit shall be a time limit as considered reasonably in the industry.
4.2. At User's discretion the services of a reliable (international) forwarding agent are used for all deliveries. Unless agreed otherwise with Customer delivery shall take place ex warehouse of User. At the time of delivery the risk (of loss, destruction, damage and such) passes to Customer.
4.3. User has the right to supply and invoice part deliveries.
4.4. In case Customer fails to take delivery of the goods in time, User shall store these goods at the risk and for account of Customer, and User may demand payment as if delivery had taken place. Subsequently Customer shall have the opportunity to take delivery of the goods during a time not exceeding 25 days against payment in advance of all costs resulting from the failure to take delivery in time. The latter costs are also due in case Customer does not take delivery at all.
Article 5: Inspection, check and complaints
5.1. Upon delivery and arrival of the goods Customer shall immediately inspect said goods and check for any inconsistencies between delivery and Contract; in case of inconsistencies Customer shall immediately, but in any case within 2 business days of receipt, report those to User, stating the reasons. Minor deviations in quality, colour, weight and such that are considered tolerable in the industry shall not be a reason for complaints.
5.2. Customer cannot complain about a non-visible defect in the good or service in case he has not submitted a complaint to User in writing, stating the reasons, within a reasonable time not exceeding 2 business days after he had or reasonably should have discovered the defect
5.3. Customer shall at all times give User the opportunity to remedy any defects.
5.4. Customer cannot derive any rights from User looking into a complaint. Submitting a complaint does not discharge Customer from its payment obligations towards User.
5.5. In case of defects Customer is obliged to immediately suspend the use, processing and/or installation of the goods concerned, and further, to take any reasonable measures or refrain from any actions in order to prevent (further) damage.
5.6. Customer shall forfeit any rights and powers granted to him on account of a defect, in case he has not complained within the times referred to in 5.2 above in the manner as referred to in 5.2 above, and/or has not given User the opportunity to remedy a defect.
5.7. Returns of items supplied by User shall take place only after User's prior written approval.