GENERAL TERMS AND CONDITIONS
Please find below the general terms and conditions to which all agreements you enter into with us are subject. These general terms and conditions contain a lot of information that may be important to you as a buyer. You should therefore carefully read the general terms and conditions. We also recommend that you save these general terms and conditions or print them out so you can consult them at a later date.
ARTICLE 1. DEFINITIONS
1.1. Primeval: bv Primeval, registered with the Chamber of Commerce under file reference number 64756564.
1.2. Customer: the natural person who, or legal entity that, enters into an Agreement with Primeval.
1.3. Agreement: an arrangement, agreement or contract between Primeval and the Customer, including the General Terms and Conditions.
1.4. General Terms and Conditions: these terms and conditions.
1.5. Website: primeval.nh-websites.nl
ARTICLE 2. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
2.1. All offers, agreements and deliveries will be subject to these General Terms and Conditions at all times, unless explicitly agreed otherwise in writing.
2.2. If the Customer is a natural person who does not act in the course of a profession or business, the Customer is not bound by these General Terms and Conditions until he has been made aware of the applicability of these General Terms and Conditions promptly before or upon conclusion of this Agreement and has accepted the validity thereof.
2.3. If the Customer includes provisions or conditions in his instruction, confirmation or acceptance notification that deviate from or do not appear in these General Terms and Conditions, they will be binding for Primeval only if and insofar as they have been explicitly accepted by Primeval in writing.
ARTICLE 3. OFFERS
3.1. If it emerges that the information provided by the Customer for the request or agreement was incorrect, Primeval is entitled to adjust the prices accordingly.
3.2. Offers from Primeval are valid during the term given on the Website.
ARTICLE 4. PRICES & SHIPPING COSTS
4.1. All prices are inclusive of VAT and any other levies imposed by the government. All prices are exclusive of shipping costs.
4.2. Shipping costs amount to 3.95 euros. No shipping costs are charged for orders of more than 50 euros.
4.3. The shipping costs are included in the final total price. The total price is shown during the order process, as are the shipping costs.
4.4. All prices on the Website are subject to typing and apparent programming and typing errors.
ARTICLE 5. FORMATION OF THE AGREEMENT
5.1. The Agreement is not formed until the Customer has accepted the offer from Primeval and the conditions stipulated by Primeval in that respect have been complied with.
5.2. If the Customer has accepted the offer electronically, Primeval will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer can cancel the agreement.
ARTICLE 6. EXECUTION OF THE AGREEMENT/DELIVERY TIME
6.1. If the Customer is a natural person who does not act in the course of a profession or business, the Customer is entitled to dissolve the agreement with Primeval within 14 business days of receiving the product, without having to state the reasons. The direct costs for returning the product will, in that case, be payable by the Customer. Our return address is:
6.2. Primeval is entitled to engage third parties to fulfil its obligations under the Agreement.
6.3. The delivery method is explained during the order process and on the Website.
6.4. Delivery takes a maximum of 30 days. If the delivery exceeds a period of 30 days, the Customer will be entitled to dissolve the agreement in writing. If the Customer exercises that right, Primeval will refund any payments to the Customer as soon as possible but within 30 days of the Agreement being dissolved.
6.5. If products are not in stock and it is not feasible to make delivery five business days after having received payment, Primeval will contact the Customer.
6.6. Despite our efforts to offer you the best possible service, you may have a complaint about our services or products. For this reason, Primeval advises its customers to check the goods immediately upon delivery and to report any defects in writing or by e-mail within a reasonable period. See our complaints procedure in Article 14.
6.7. As soon as the goods to be delivered have been delivered at the delivery address provided, the risk in connection with these products passes to the Customer.
6.8. Primeval is never liable for any damage, including theft or loss, to the packaging or product during the return transport.
ARTICLE 7. RETENTION OF TITLE
7.1. Primeval retains title to the goods delivered. This means that until full payment is received by Primeval, the goods/products remain our property.
ARTICLE 8. PAYMENT CONDITIONS
8.1. The Customer must make payments to Primeval in accordance with the methods stipulated on the Website during the order process. Some methods require payment in advance, some in retrospect. Primeval determines the payment method or methods available on an order-by-order basis.
8.2. Any amounts (still) due by the Customer after delivery must be paid within 14 days of the product being delivered.
8.3. In the event of late payment, the Customer, in addition to the principal sum and interest accrued, is obliged to pay all judicial and extrajudicial collection costs, including the costs of lawyers, bailiffs and debt collection agencies.
8.4. The claim for payment is immediately due and payable in the event that the Customer is declared insolvent, has applied for a moratorium or has all of its assets seized, dies, or is wound up or dissolved.
8.5. In the above cases, Primeval is also entitled to terminate or suspend performance of the agreement or any as yet unperformed part thereof without a notice of default or legal intervention, without prejudice to the right of Primeval to claim compensation for any damage as a result thereof.
ARTICLE 9. LIABILITY OF PRIMEVAL
9.1. The liability clause of the article below applies only to Customers that are natural persons who, or legal entities that, act in the course of a profession or business.
9.2. The total liability of Primeval towards the Customer on account of attributable failure to perform the agreement is limited to the compensation of direct damage or loss, subject to the maximum sum of the price stipulated for that agreement (exclusive of VAT). In no event will the total compensation for direct damage or loss exceed 500 euros.
9.3. The liability of Primeval towards the Customer for indirect damage or loss including consequential loss, loss of profits and savings or loss of data and loss caused by business interruptions is excluded.
9.4. With the exception of the cases referred to in Articles 9.1 and 9.2, Primeval can never be held liable towards the Customer for compensation, irrespective of the grounds on which a claim for compensation was to be based. The maximum amounts stated in Article 9.1 will not apply, however, if and insofar as the damage is the result of intent or gross negligence on the part of Primeval.
9.5. The liability of Primeval towards the Customer on account of attributable failure to perform an agreement arises only subject to the Customer having given Primeval immediate and proper notice of default, allowing for a reasonable period to remedy the breach, and if Primeval continues to fail imputably in the fulfilment of its obligations thereafter. In order to allow Primeval to respond adequately, the notice of default must contain a description of the failure that is as accurate as possible.
9.6. A condition with regard to any right to compensation being created will always be that the Customer reports the damage or loss in writing to Parmalux as soon as possible (i.e. within 30 days) of it having arisen.
9.7. In the event of force majeure, Primeval is not obliged to compensate any damage suffered by the Customer as a result of that force majeure.
ARTICLE 10. WARRANTY
10.1. The Customers has the rights with regard to warranty as set out in Book 7, title 1 of the Dutch Civil Code [Burgerlijk Wetboek]. This warranty means that:
When you buy a product from us, you are at all times entitled to a sound product, provided you use it in the normal way. If a product fails to meet your expectations, we will fully comply with the warranty provisions of the Dutch Civil Code towards you. To that end, you should contact us within at least two months of having discovered the fault.
ARTICLE 11. INFORMATION ON THE WEBSITE
11.1. The Website content has been compiled with the greatest care. However, Primeval cannot guarantee that the information is fully correct and/or complete.
ARTICLE 12. COMPLAINTS PROCEDURE
12.1. Complaints can be submitted via the contact details set out below by telephone, in writing and/or by e-mail. We will confirm receipt of your complaint as soon as we have received it. You will receive a reply to your complaint within three days. This may be our final answer, but it may also be a message to say your complaint requires further investigation. In the latter case, we will indicate when by the latest you can expect a final answer.
ARTICLE 13. FINAL PROVISIONS
13.1. The agreement is governed by Dutch law.
13.2. Insofar as these general terms and conditions or the rules of imperative law do not dictate otherwise, any disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in Alkmaar.
13.3. If any of the provisions in these General Terms and Conditions appear to be void, it will not invalidate the entire General Terms and Conditions. In that case, the parties will determine a new provision or provisions that reflect the intention and purport of the original provision as closely as is legally possible.
13.4 In these terms and conditions, the terms ‘in writing’ and ‘written’ are also taken to mean e-mail, provided the identity of the sender and integrity of the e-mail have been sufficiently established.
If you have questions, complaints or comments about these Terms, please do not hesitate in writing or contact us by e-mail.