Because of the affiliation of Castors Wheels Outlet to the "Stichting Webshop Keurmerk" the general conditions that the organisation uses are applicable. Supplementary provisions that specifically apply to Castors Wheels Outlet are included in articles 21 up to and including 33.
If you use this website (hereafter also referred to as: the site) you consent to the general conditions below and you agree that these conditions form part of any agreement you conclude with Castors Wheels Outlet. These general conditions are applicable to each order that you place with us, to each purchase you make through our website and to any agreement that you conclude with Castors Wheels Outlet. (below: "Castors Wheels Outlet").
Article 1 – Definitions
Article 2 – Company identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercising the right of withdrawal by the consumer and costs of this
Article 9 – Obligations of the company with withdrawal
Article 10 – Exclusion right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and execution
Article 14 – Extended transactions: duration, notice and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Sector guarantee
Article 19 – Supplementary or deviating provisions
Article 20 – Changes to the Webshop Keurmerk general conditions
Supplementary provision Castors Wheels Outlet
Article 21 – Intellectual proprietary rights
Article 22 – Disclaimer for products and/or advice
Article 23 – Disclaimer for information and/or recommendations
Article 24 – Disclaimer for guarantees
Article 25 – No approval
Article 26 – Invalid if forbidden
Article 27 – Code of conduct
Article 28 – Indemnity
Article 29 – Purchases
Article 30 – Letters, questions, remarks and assessments
Article 31 – Use of passwords
Article 32 – Miscellaneous
ARTICLE 1 – Definitions
The following terms are defined as follows in these conditions:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services under a remote agreement and these items, digital content and/or services are supplied by the company or by a third party based on an agreement between the third party and the company;
Cooling-off period: the period in which the consumer can make use of his right of withdrawal;
Consumer: the natural person not trading for purposes related to his trading, industrial, craft or professional activity;
Day: calendar day;
Digital content: information produced and supplied in digital form;
Extended agreement: an agreement that covers the regular delivery of items, services and/or digital content for a certain period;
Durable data carrier: any resource also including email that enables the consumer or company to save data personally intended for him in a way that allows future consultation or use for a period that corresponds to the purpose for which the information is intended, and that allows the unchanged duplication of the data saved.
Right of withdrawal: the possibility for the consumer to remotely cancel the agreement in the cooling-off period;
Company: the natural or legal person who is a member of "Stichting Webshop Keurmerk" and remotely offers products, (access to) digital content and/or services to consumers;
Remote agreement: an agreement whereby within the context of a system organised by the company for remote sales of products and/or services, up to and including the conclusion of the agreement use is only made of one or more techniques for remote communication;
Model form for withdrawal: the European model form for withdrawal included in Annex I to these conditions;
Technique for remote communication: medium that can be used for the conclusion of an agreement, without the consumer and company having to be present in the same space at the same time;
ARTICLE 2 – Company identity
Castors Wheels Outlet
4878 AH Etten-Leur
T: +31 (0)76-503 2216
Chamber of Commerce number: 53729420
VAT number: NL850993258B01
Business address Chamber of Commerce: Dennenlaan 11, 4849 BD Dorst.
ARTICLE 3 – Applicability
1. These general conditions are applicable to each offer from the company and to any agreement concluded remotely between the company and consumer.
2. Before the agreement is remotely concluded, the text of these general conditions is made available to the consumer. If this is not reasonably possible, before the agreement is remotely concluded the company will specify how the general conditions at the company can be perused, and it will on the request of the consumer send the conditions as soon as possible free of charge.
3. If the agreement is remotely concluded electronically, as a departure from the last paragraph and before the agreement is remotely concluded, the text of these general conditions can be electronically made available to the consumer in such a way that it can be saved by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the agreement is remotely concluded it is mentioned where the general conditions can be electronically perused, and on the request of the consumer they will be sent electronically or in another way free of charge.
4. If in addition to these general conditions specific product or service conditions are also applicable, the second and third paragraph is correspondingly applicable, and in the event of conflicting conditions the consumer can always call upon the applicable provision that is most favourable to him.
ARTICLE 4 – The offer
1. The agreement originates, with the reservation of that specified in paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has electronically accepted the offer, the company immediately electronically confirms receipt of the acceptance of the offer. For as long as receipt of this acceptance has not been confirmed by the company, the consumer can dissolve the agreement.
3. If the agreement originates electronically, the company takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the company will apply appropriate security measures for this purpose.
4. The company may within the legal frameworks verify that the consumer can meet his/her payment obligations, as well as all facts and factors of importance to the proper conclusion of the remote agreement. If on the basis of this investigation the company has good grounds for not concluding the agreement, it is entitled to refuse an order or attach special conditions to an order with reasons.
5. No later than on the delivery of the product, the service or digital content the company will provide the consumer with the following information in writing or in such a way that it is available to be saved by the consumer on a durable data carrier:
a. the visiting address of the establishment of the company where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or clearly specify the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the price including all taxes on the product, service or digital content; to the extent applicable the costs of shipment; the method of payment, delivery or remote execution of the agreement;
e. the requirements for providing notice of termination of the agreement if the agreement has a duration of more than one year or is of an indefinite period;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the case of an extended transaction the provision in the last paragraph is only applicable to the first delivery.
ARTICLE 6 – Right of withdrawal
1. The consumer can cancel an agreement for the purchase of a product during a cooling-off period of at least 14 days without stating reasons. The company may ask the consumer about the reason for withdrawal, but the consumer does not have to give his reason(s).
2. The cooling-off period mentioned in paragraph 1 comes into effect on the day after the consumer or a third party designated beforehand by the consumer, who is not the transporter, has received the product, or:
a. if the consumer has ordered a number of products in the same order: the day on which the consumer, or a third party designated beforehand by the consumer, received the last product. The company may, providing that it has informed the consumer in a clear way prior to the ordering process, refuse an order of a number of products with a different delivery period.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated beforehand by the consumer, received the last product.
c. with agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated beforehand by the consumer, received the first product.
With services and digital content not supplied on a material carrier:
3. The consumer can cancel a service agreement and an agreement for the delivery of digital content not supplied on a material carrier for at least 14 days without declaration of reasons. The company may ask the consumer about the reason for withdrawal, but the consumer does not have to give his reason(s).
4. The cooling-off period mentioned in paragraph 3 comes into effect on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a material carrier with no notification of right of withdrawal:
5. If the company has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period ends twelve months after the end of the original cooling-off period in accordance with the last paragraphs of this article.
6. If the company has provided the information referred to in the previous paragraph to the consumer within twelve months of the start date of the original cooling-off period, the cooling-off period ends 14 days after the day on which the consumer received the information.
ARTICLE 7 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period the consumer will treat the product and the packaging with due care. He will only unpack or use the product to the extent needed to establish the nature, the properties and the working of the product. The principle here is that the consumer may only handle and inspect the product as he would in a shop.
2. The consumer is only liable for a decrease in value of the product that is the consequence of handling the product other than permitted in paragraph 1.
3. The consumer is not liable for a decrease in value of the product if the company has not provided him with all the legally required information about the right of withdrawal before or on the conclusion of the agreement.
ARTICLE8 – Exercising the right of withdrawal by the consumer and costs of this
1. If the consumer makes use of his right of withdrawal, he reports this to the company during the cooling-off period by means of the model form for withdrawal or in another clear way.
2. As soon as possible, and within 14 days of the day following the notification referred to in paragraph 1, the consumer returns the product or presents it to (an authorised representative of) the company. This is not required if the company has offered to collect the product itself. The consumer has in any case respected the return period if he returns the product before the cooling-off period has ended.
3. The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in conformity with reasonable and clear instructions provided by the company.
4. The risk and onus of proof for the correct and on-time exercising of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the company has not mentioned that the consumer must bear these costs or if the company indicates that it will bear the costs itself, the consumer does not have to pay the costs of returning.
6. If the consumer withdraws after first having explicitly requested that performance of the service or the supply of gas, water or electricity not made ready before sale starts in a limited volume or certain quantities during the cooling-off period, the consumer becomes owing the company an amount that is proportionate to that part of the obligation complied with by the company at the time of withdrawal, compared with full compliance with the obligation.
7. The consumer bears no costs of the carrying out of services or the delivery of water, gas or electricity, that is not made ready before sale in a limited volume or quantity, or the delivery of district heating, if:
a. the company has not provided the consumer with the legally required information about the right of withdrawal, the compensation with withdrawal or the model form for withdrawal, or;
b. the consumer has not explicitly requested the start of carrying out the service or the delivery of gas, water, electricity or district heating during the cooling-off period.
8. The consumer bears no costs of the complete or partial delivery of digital content not supplied on a material carrier, if:
a. prior to the delivery of this, he has not explicitly agreed with the start of compliance with the agreement before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal with the granting of his permission; or
c. the company has neglected to confirm this declaration from the consumer.
9. If the consumer makes use of his right of withdrawal, all supplementary agreements are dissolved by right.
ARTICLE 9 – Obligations of the company with withdrawal
1. If the company enables the notification of withdrawal by the consumer electronically, after receipt of this message he immediately sends confirmation of receipt.
2. The company compensates all payments by the consumer, including any delivery costs charged by the company for the returned product, immediately and within 14 days following the day on which the consumer reports the withdrawal. Unless the company offers to collect the product itself, it may wait for reimbursement until it has received the product or until the consumer demonstrates that he has returned the product, whichever is earliest.
3. For reimbursement the company uses the same payment method that the consumer has used, unless the consumer consents to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the company does not have to repay the additional costs of the more expensive method.
ARTICLE 10 – Exclusion right of withdrawal
The company can exclude the following products and services from the right of withdrawal, but only if the company clearly specifies this when making the offer, and in good time before for the conclusion of the agreement:
1. Products or services of which the price is dictated by fluctuations on the financial market on which the company has no influence and that can occur in the withdrawal period;
2. Agreements concluded at a public auction. A public auction is understood to mean a sale whereby products, digital content and/or services are offered by the company to the consumer who is personally present or has the possibility to be personally present at the auction, under the guidance of an auctioneer, and whereby the successful bidder must purchase the products, digital content and/or services;
3. Service agreements, after full provision of the service, but only if:
a. provision of the service started with the explicit prior approval of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the company has fully executed the agreement;
4. Service agreements for making accommodation available, if the agreement specifies a certain date or period of execution and other than for residential purposes, goods transport, car rental services and catering;
5. Agreements concerning leisure activities, if the agreement includes a certain date or period of execution;
6. Products manufactured according to specifications of the consumer, that are not prefabricated and that are manufactured based on an individual selection or decision of the consumer, or that are clearly intended for a specific person;
7. Products that quickly spoil or have a limited shelf life;
8. Sealed products that for reasons of health protection or hygiene are unsuitable to be returned and of which the seal was broken after delivery;
9. Products that after delivery by their nature are irrevocably mixed with other products;
10. Alcoholic drinks of which the price is agreed with the conclusion of the agreement, but of which delivery can only take place after 30 days, and of which the actual value depends on fluctuations on the market on which the company has no influence;
11. Sealed audio/video recordings and software, of which the seal is broken after delivery;
12. Newspapers, periodicals or magazines with the exception of subscriptions to them;
13. The delivery of digital content other than on a material carrier, but only if:
a. provision of the service started with the explicit prior approval of the consumer; and
b. the consumer has declared that he loses his right of withdrawal.
ARTICLE 11 – The price
1. During the period of validity specified in the offer, the prices of the offered products and/or services will not be not increased, subject to price changes as a result of changes to VAT rates.
2. As a departure from the last paragraph, the company can offer products or services of which the prices are bound to fluctuations on the financial market and where the company has no influence at variable prices. This being bound to fluctuations and the fact that any specified prices are guide prices is mentioned in the offer.
3. Price increases within 3 months of the origination of the agreement are only permitted if they are the consequence of legal regulations or provisions.
4. Price increases from 3 months of the origination of the agreement are only permitted if the company has stipulated this and:
a. these are the consequence of legal regulations or provisions; or
b. the consumer has the authority to end the agreement starting on the day on which the price increase comes into force.
5. The prices of products or services mentioned in the offer are including VAT.
ARTICLE 12 – Compliance and extra guarantee
1. The company is responsible for ensuring that the products and/or services suffice with regard to the agreement, the specifications mentioned in the offer, reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the origination of the agreement. If agreed, the company is also responsible for the product being suitable for other than normal use.
2. An extra guarantee provided by the company, its supplier, manufacturer or importer never limits the legal rights and claims the consumer can call upon on the basis of the agreement with the company if the company fails to comply with his part of the agreement.
3. An extra guarantee is understood to mean each obligation of the company, its supplier, importer or producer which gives the consumer certain rights or claims that extend further than that required by law in the case of failure to comply with his part of the agreement.
ARTICLE 13 – Delivery and execution
1. The company will take the greatest possible care with the receipt and carrying out of orders for products and the assessment of requests to provide services.
2. The place of delivery is the address that the consumer has made known to the company.
3. In accordance with that mentioned in article 4 of these general conditions, the company will provide accepted orders with due speed and no later than within 30 days, unless another delivery period is agreed. If the delivery is delayed, or if an order cannot or only partly be supplied, the consumer receives notification of this no later than 30 days after he placed the order. In that case the consumer has the right to cancel the agreement without costs and with possible entitlement to compensation.
4. After cancellation in conformity with the last paragraph, the company will immediately reimburse the amount that the consumer paid.
5. The risk of damage to and/or loss of products is borne by the company up to the time of delivery to the consumer or a representative appointed beforehand and made known to the company, unless explicitly otherwise agreed.
ARTICLE 14 – Extended transactions: duration, notice and extension
1. The consumer can at any time cancel an agreement concluded for an undetermined period for the regular delivery of products (electricity included) or services in accordance with the agreed rules of notice and a period of notice of at most one month.
2. The consumer can at any time cancel an agreement concluded for a determined period for the regular delivery of products (electricity included) or services at any time at the end of the determined period in accordance with the agreed notice rules and a period of notice of at most one month.
3. The consumer can do the following with the agreements mentioned in the previous paragraphs: cancel at any time and not be limited to notice at a certain time or in a certain period; at least cancel in the same way as concluded by him: always cancel with the same period of notice as the company has stipulated for itself.
4. An agreement concluded for a determined period for the regular delivery of products (electricity included) or services, may not be tacitly extended or extended for a certain duration.
5. As a departure from the last paragraph, an agreement concluded for a determined period for the regular delivery of daily publications, newspapers, weeklies and magazines may be tacitly extended for a certain duration of a maximum of three months, if the consumer can cancel this extended agreement at the end of the extension with a period of notice of at most one month.
6. An agreement concluded for a determined period for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may at any time cancel with a period of notice of at most one month. The period of notice is at most three months if the agreement concerns the regular but less than once a month delivery of daily publications, newspapers, weeklies and magazines.
7. An agreement with limited duration for the regular exploratory delivery of daily publications, newspapers, weeklies and magazines (trial or exploratory subscription) is not tacitly extended and ends automatically after the experimental or exploratory period.
8.If an agreement has a duration longer than a year, the consumer may cancel the agreement after a year at any time with a period of notice of at most one month, unless there is an objection out of reasonableness and fairness against cancellation before the end of the agreed duration.
ARTICLE 15 – Payment
1. Order with payment obligation: placing an order entails a payment obligation.
2. If not otherwise determined in the agreement or further conditions, the consumer must pay due amounts within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.
3.With the sale of products to consumers, in general conditions the consumer may never be bound to pay more than 50% in advance. When payment in advance is stipulated, the consumer can exercise no right whatsoever concerning the order or service(s) concerned before the stipulated payment in advance has taken place.
4. The consumer has the obligation to immediately report inaccuracies in payment details provided or specified to the company.
5. If the consumer does not meet his payment obligation(s) in good time, after he has been informed about the late payment by the company and the company has given the consumer a period of 14 days to comply with his payment obligations, after the absence of payment in the 14-day period, on top of the still due amount legal interest becomes payable and the company is entitled to charge the resulting extrajudicial collection costs. These collection costs amount to a maximum of: 15% for an outstanding amount to €2,500; 10% for the following €2,500 and 5% for the following €5,000 with a minimum of €40.
ARTICLE 16 – Complaints procedure
1. The company has a sufficiently promulgated complaints procedure and processes complaints in accordance with this complaints procedure.
2. Complaints about the carrying out of the agreement must be fully and clearly submitted to the company within a reasonable period after the shortcomings have been observed by the consumer.
3. Complaints submitted are responded to within a maximum period of 14 days starting on the date of receipt. If a complaint requires a foreseeable longer processing time the company will respond within a period of 14 days with acknowledgement of receipt and an indication of when the consumer can expect a more thorough answer.
4. A complaint about a product, service or the service of the company can also be submitted by a complaint form on the consumer page of the Stichting Webshop Keurmerk website (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint is then sent to both the relative company and Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months of the submission of the complaint, a dispute originates that is subjected to dispute settlement.
ARTICLE 17 – Disputes
1. Only Dutch law is applicable to agreements between the company and the consumer to which these general conditions relate.
2. Disputes between the consumer and the company about the origination or execution of agreements with respect to products and services provided or to be provided by the company can, in accordance with that stipulated below, be submitted both by the consumer and the company to Geschillencommissie Webshop, Postbus 90600, 2509 LP in Den Haag (www.sgc.nl).
3. A dispute is only considered by the arbitration service if the consumer has first submitted the complaint within a reasonable period to the company.
4. No later than twelve months after the dispute has originated, the dispute must be made pending in writing to the arbitration service.
5. When the consumer wishes to submit a dispute to the arbitration service the company is bound to comply with the procedure. Should the company so desire, within five weeks of the company making a written request, the consumer must state in writing whether he wishes to proceed in such a way or have the dispute judged by the authorised law court. If the company is not informed of the choice of the consumer within a period of five weeks, the company is entitled to submit the dispute to the authorised law court.
6. The arbitration service rules under the conditions as established in the regulations of the arbitration service (http://www.degeschillencommissie.nl/over-ons/decommissies/2701/webshop). The decisions of the arbitration service are binding.
7. The arbitration service will not judge or postpone the judgement of a dispute if the company is granted suspension of payments, it is declared bankrupt or the company activities have ended, before a dispute has been judged by the commission and a final judgement has been declared.
8. If besides the webshop arbitration service another recognised arbitration service or one affiliated to the Consumer Complaints Boards (SGC) or the Financial Services Complaints Authority (Kifid) is authorised, for disputes mainly concerning method of sales or remote services, the Geschillencommissie Stichting Webshop Keurmerk is preferably authorised. For all other disputes other arbitration services recognised by the SGC or Kifid are authorised.
ARTICLE 18 – Sector guarantee
1. Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Geschillencommissie Stichting Webshop Keurmerk by its members, unless the member decides to submit the binding advice within two months of its sending to the law court. This guarantee again comes into force if the binding advice after being judged by the court is upheld by the judgment as a final decision. A maximum amount of €10,000 per binding judgement is paid out by Stichting Webshop Keurmerk to the consumer. For amounts greater than €10,000, €10,000 is paid out per binding judgement. Otherwise Stichting Webshop Keurmerk has an obligation to perform to the best of its ability to ensure that the member complies with the binding judgement.
2. For the application of this guarantee it is required that the consumer makes a written claim to Stichting Webshop Keurmerk and that he submits his claim against the company to Stichting Webshop Keurmerk. If the claim against the company amounts to more than €10,000, to the extent above the amount of €10,000 the consumer may transfer the claim to Stichting Webshop Keurmerk, after which this organisation will in own name and at its own expense require its payment by law to the consumer.
ARTICLE 19 – Supplementary or deviating provisions
Supplementary provisions or those departing from these general conditions may not be to the disadvantage of the consumer and must be established in writing or in such a way that they can be saved by the consumer in an accessible way on a durable data carrier. The supplementary provisions of Castors Wheels Outlet are included in articles 21 up to and including 33.
ARTICLE 20 – Changes to the Webshop Keurmerk general conditions
1. Stichting Webshop Keurmerk will not change these general conditions unless in consultation with the consumer’s association.
2. Changes to these conditions are only applicable if published in an appropriate way, with the understanding that with such changes during the period of an offer the most advantageous provision with respect to the consumer will prevail.
Supplementary provisions Castors Wheels Outlet
ARTICLE 21 –Intellectual proprietary rights
This website and everything on this website, including but not limited to illustrations, texts, photos, design, icons and illustrations, with the exception of all that already protected under an already existing copyright or other intellectual ownership rights is the property of Castors Wheels Outlet and/or its owners or (business) partners. Prior written permission from Castors Wheels Outlet is required if you wish to reproduce, publish, change, upload, send (by mail), distribute or make anything on this website public in any way. The trademarks and logos used and pictured on this site are trademarks of Castors Wheels Outlet and others. Nothing on this site can be seen or interpreted as permission, implicit or otherwise, or a right to use a trade mark displayed on this site without prior written permission from the owner of that trade mark. Users may only view and/or download the material on this site for personal, non-commercial private use. Castors Wheels Outlet will use all legal options to protect its intellectual proprietary rights. All rights not explicitly granted to third parties in these conditions are explicitly reserved for Castors Wheels Outlet.
ARTICLE 22 – Disclaimer for products and/or advice
This website gives no medical advice and does not attempt to treat or diagnose skin problems or illnesses. If you have a medical skin problem make an appointment with a doctor or dermatologist. All products must be used as described in the product descriptions on this website. Stop using a product if irritation (redness, itching, a burning feeling, flaking, pain, or other symptoms) is caused. If you are unsatisfied with a product, let us know as soon as possible. For details see the conditions of our return policy that form a full part of these conditions.
The information provided by this website or this company does not replace a personal consultation with a dermatologist or doctor and must not be interpreted as individual medical advice.
ARTICLE 23 – Disclaimer for information and/or recommendations
The intention of this site is to express the ideas and opinions of the author about the marketing, sale and use of cosmetics. The only objective of the author is to give information to consumers and make recommendations concerning the purchase of make-up and skin care products. The information and recommendations presented here are only an expression of the opinion, ideas and knowledge of the author about the subject and the products mentioned. Some people may use a product with much success that is not recommended on this site or even not mentioned, or they are very satisfied with a skin care routine that Paula Begoun has advised against. Everyone has the inalienable right to assess products according to his or her personal criteria and to disagree with the author.
Even more important: considering everyone's skin can and probably will respond to external stimuli at a certain time, each product can at a certain time cause a negative reaction in the skin. If you are hypersensitive to a certain product, stop using it immediately and go to a doctor. If you need medical advice about your skin, go to a doctor or dermatologist.
ARTICLE 24 – Disclaimer for guarantees
In addition to that specified in article 10, the content of this site is given ‘as is’ and offers no guarantees neither explicit nor implicit. The products sold through this site are sold ‘as is’ and without any guarantee whatsoever, explicit or implicit, other than as determined in article 10, paragraph 1. Guarantees are excluded in the widest sense as permitted by law. Castors Wheels Outlet does not guarantee nor declare that the content of the site written now by Castors Wheels Outlet or third parties is accurate or reliable, or that the site is free of errors or viruses, or that access to and use of the site not will be discontinued and that it is safe at all times. You are aware that guarantees given on products from a third party that may be described on the site (for example within the context of assessments of products from third parties), are only provided by the party and not by Castors Wheels Outlet.
If you are unsatisfied about the site, all you can do is not (no longer) use the site. By using the site you acknowledge that you do this at your own risk. Castors Wheels Outlet is not liable for direct, indirect, incidental or any other form or type of damage, including any forms of consequential damage, irrespective of whether a claim for compensation is based on an agreement, wrongful act or any other grounds for liability whatsoever with respect to the site, the content of it or the products described or sold on it, even if Castors Wheels Outlet has been informed of the possibility of such damage. An exception to the above is damage that is the direct consequence of intent or gross negligence by Castors Wheels Outlet. The liability of Castors Wheels Outlet is in all cases limited to the amount that the user has paid for the purchase of the products concerned sold on the site or, in the event of a subscription service, any amount that is paid by the user for use of the service for a year.
ARTICLE 25 – No approval
In certain cases the opinions of users of the site are shown on the site. The single fact that these opinions are shown on the site does not mean that Castors Wheels Outlet or Castors Wheels Outlet is in agreement with or endorses such opinions.
ARTICLE 26 – Invalid if forbidden
Although the site is accessible worldwide, not all products described or sold on the site are available to everyone or in all geographic areas or territorial jurisdictions. Castors Wheels Outlet only offers products and sells them to residents of the European Union and only sends packages to addresses in the European Union. Castors Wheels Outlet reserves the right, for whatever reason, to restrict the availability of the site and/or the delivery of a product and/or the quantity of them, to any person, geographical area or territorial jurisdiction. Each offer for whatever product that is made on this site does not apply if this is not permitted. The use of this site is not allowed in any territorial jurisdiction where (1) the whole tenor of these general conditions is not valid or (2) the site or a part thereof is in conflict with any legal provisions applicable there.
ARTICLE 27 – Code of conduct
You agree to:
- not limit or prohibit other users from using this site and its services;
- convey no illegal, fraudulent, intimidating, hurtful, defamatory, obscene or otherwise offensive or harmful information or material, or information or material that incites or encourages criminal behaviour or that could cause forms of liability or be otherwise in conflict with a legal provision;
- transfer no information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
- transfer no material that breaches the intellectual proprietary rights of a third party;
- not use this site for commercial or illegal purposes;
- not change, adapt, resell, translate, sell, reverse engineer, disassemble or reassemble anything on this site.
ARTICLE 28 – Indemnity
You agree to indemnify and hold Castors Wheels Outlet harmless against any claims, damage and costs (including all reasonable costs of legal support incurred in an arbitration procedure, lawsuit or higher appeal) that directly or indirectly are the consequence of your violation of any provision of these general conditions (including violation of the Code of conduct) and/or that are the consequence of other activities you undertake or have undertaken, that are related to this site or the products discussed, offered or sold on the site. This part remains in force after the termination, for whatever reason, of any agreement to which these conditions are applicable and also after termination of use of this site.
ARTICLE 29 – Purchases
If you wish to purchase products that are offered on this site, you can be requested to provide certain information including, but not limited, information about your credit card or other payment information. Such information will be treated confidentially by Castors Wheels Outlet. You are responsible for all information that you provide being accurate, complete and up-to-date. You agree to pay all costs that are made by users of your account, credit card or other payment methods, and you agree to pay the prices applicable when you buy the products. You are also responsible for the payment of taxes and levies (other than VAT) that may be/are applicable to your purchase. The prices on the site are in euros and include VAT.
ARTICLE 30 – Letters, questions, remarks and assessments
You acknowledge and agree that by sending Castors Wheels Outlet your questions, remarks and/or product assessments (of Castors Wheels Outlet products or products of other brands) in writing or by email, you give irrevocable permission to, without charge, wherever and without exception have them used, shown, reproduced, published worldwide, have them sent out, changed, distributed, translated and forwarded (as a whole or in part) and/or to include them as part of other work, in any form, via each medium or each technology that is now known or to be developed hereafter, and this for the whole period of any existing copyright on the material. You are also responsible for and guarantee that by sending material to Castors Wheels Outlet or Castors Wheels Outlet you are authorised and entitled to grant and transfer such rights and that the material that you send breaches no rights of any third party including, but not limited to, copyrights, trademarks or any other intellectual ownership rights or any entitlement to the protection of personal privacy.
ARTICLE 31 – Use of passwords
Use of any password protected part of the site is only reserved for the person who has permission and a password to log on to such a part of the site (the ‘Authorised Party’). The password is non-transferable and the Authorised Party is responsible for any damage of whatever nature that Castors Wheels Outlet could suffer as a result of the (deliberate or otherwise) distribution or making available of his or her password.
ARTICLE 32 – Miscellaneous
Dutch law is applicable to these general conditions and all agreements to which these general conditions are applicable and you explicitly consent to the applicability of Dutch law. Any party to an agreement to which these general conditions are applicable also agrees that any disputes ensuing from or related to such an agreement, and that does not become resolved after bringing before an arbitration service as mentioned in article 15, will only be judged by the law courts of Amsterdam and irrevocably states not to claim any exception to this jurisdiction or make any other objection against this law court. If a (provision in such an) agreement must be enforced by law, the party judged in favour is entitled to remuneration of the case costs and reasonable costs of legal support. If any provision of these general conditions is considered null and void or non-enforceable by a law court or other authorised body, such a provision will become lapsed or limited but only to the extent required and in such a way that the other provisions of the agreement remain valid and enforceable. Any previous or simultaneous written or verbal arrangements lapse if an agreement is concluded to which these general conditions are applicable; in that case only that determined in these conditions is applicable. A single declaration of the waiving of a right by a party with regard to rights or claims based on non-compliance or default by the other party cannot be regarded as waiving a right with regard to any previous, subsequent or following non-compliance or default. Each title, paragraph title or each header in these conditions is exclusively for clarity and is in no way whatsoever an explanation or definition of a paragraph, text or condition described therein.