General Terms and Conditions of Apollyon
Article 1. Relevance
1.1 All offers, orders and agreements of Apollyon these Terms and Conditions apply.
1.2 The acceptance of an offer or placing an order implies that the applicability of these Terms.
1.3 The provisions of these Conditions may only be waived in writing, in which case the remaining provisions shall remain in force.
1.4 All rights and claims, as in these conditions and any further agreements for Apollyon are made, are also stipulated for by Apollyon intermediaries and other third parties.
Article 2. Offers / agreements
2.1 All offers are without engagement and Apollyon expressly reserves the right to change the prices, especially under (legal) regulations. See also section 3.6.
2.2 A contract is only concluded after acceptance of your order by Apollyon. Apollyon is entitled to refuse orders or attach certain conditions to the delivery, unless otherwise specified. If an order is not accepted, Apollyon will notify this within ten (10) working days after receipt of the order.
Article 3. Prices and payments
3.1 The prices for the offered products and services are in Euros, including VAT and excluding handling and shipping, taxes or other levies, unless otherwise stated or agreed in writing.
3.2 Payment must be made in advance.
3.3 If you are in default on any payment, Apollyon is entitled to suspend or cancel the agreement and related agreements.
3.4 If the prices for the products and services increase during the period of ordering and its execution, you are entitled to cancel the order or terminate the agreement within ten (10) working days after notification of the price increase by Apollyon.
Article 4. Delivery
4.1 The delivery times are indicative only. Late delivery does not entitle you for any compensation or the right to cancel your order or to dissolve the agreement. This unless the delay in delivery is in such way that Appolyon reasonably cannot expect the agreement to remain intact. You are then entitled to cancel the order or terminate the agreement where necessary.
4.2 The delivery of the products will be made at the time and place at which the goods are ready for shipment.
Article 5. Retention
5.1 The transfer of ownership of products will only pass when all (i.e. payments) are fulfilled to Apollyon. The risk (in respect of the products) will be transferred at the time of delivery.
Article 6. Intellectual and industrial property
6.1 All intellectual and industrial property rights (attached to the products supplied by Apollyon) must be fully and unconditionally respected.
6.2 Apollyon 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 to determine whether the delivered products meet the agreement. If this is not the case, you should inform Apollyon as soon as possible (at least within seven (7) working days after delivery), in writing and/or by email.
7.2 If it is established that the products do not meet the agreement, Apollyon can either choose to replace the products and/or refund the invoice value.
7.3 If you have a product for any reason you do not wish to take, the customer has the right to return the product(s) within seven (7) working days after delivery date. Returns are only accepted if the packaging of the product is undamaged. It also applies that the costs for returns are at the customers expense.
Article 8. Warranty
8.1 If Apollyon delivers products to the customer, Apollyon is never a further guarantee in relation to the customer than that which Apollyon against its supplier may claim. Warranty will always be clearly indicated on the invoice.
Complaints (due to visible defects) must be claimed in writing as per the agreement, but no later than 7 (seven) working days after receipt of the goods. Consumers apply for a period of 30 (thirty) days. Any complaint received after expiry deadline will not be honored or even dealt with by Apollyon.
Article 9. Orders / communication
9.1 For misunderstanding, delays or transmission of orders and messages resulting from the use of the Internet or other communication between you and Apollyon, or between Apollyon and others, as it relates to the relationship between you and Apollyon, Apollyon will not be liable, unless it is a case of intent or gross negligence of Apollyon.
Article 10. Force Majeure
10.1 In case of force majeure, Apollyon has (without prejudice to its other rights) the right to suspend the order or even cancel the agreement without legal intervention. This by notifying in writing (without being liable for any damages), unless under the circumstances to standards of reasonableness and fairness.
10.2 Force majeure shall mean any failure which will excuse Apollyon from performing his part of the contract, because it is an unexpected or uncontrollable event and not under the law, legal act or generally accepted for its account.
Article 11. Miscellaneous
11.1 If you send an address in writing, Apollyon is entitled to send all orders to that address, unless another address (specifically in writing) is mentioned to which orders are meant to be sent.
11.2 If Apollyon (for a short or long period of time) whether or not deviate from these Conditions, without prejudice to its right to demand immediate and strict compliance with these Conditions. You can never assert any right by virtue of the fact that Apollyon apply these conditions smoothly.
11.3 If one and/or more provisions of these Terms or any other agreement will conflict with any law, the provision will lapse and will be replaced by a new lawful condition, which will be adopted by Apollyon.
11.4 For the delivery of the order(s), Apollyon is entitled to use a third party.
Article 12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, including these conditions shall be governed by the Dutch Law.
12.2 All disputes, related to and/or arising from these General Terms and Conditions and/or other agreements to which these General Terms and Conditions apply, shall be exclusively resolved by the competent court in Rotterdam, the Netherlands