General terms and conditions Purple Frog
Article 1. APPLICABILITY
1.1 On all offers, orders and agreements of Purple Frog are applicable these General Terms and conditions (hereafter: Terms) to the exclusion of possible other general terms. These Conditions will be sent by us on request.
1.2 Accepting an offer or making an order implies that you accept the applicability of these Terms.
1.3 Of that which is determined in these Terms can only be deviated in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as are stipulated in these Terms and in possible other agreements for the benefit of Purple Frog, are also stipulated for the benefit of intermediaries and other thirds used by Purple Frog.
Article 2. OFFERS / AGREEMENT
2.1 All offers of Purple Frog are non-committal and Purple Frog expressly reserves the right to change the prices, especially when this is required on grounds of (legal) regulations.
2.2 Purple Frog cannot be held to its offer if people are to have understood that the offer or a part of the offer is a mistake or clerical error.
2.3 All submitted quotations of Purple Frog are valid for a maximum period of 30 days unless mentioned differently or agreed upon in writing
2.4 An agreement will only be reached after acceptation of your order by Purple Frog. Purple Frog is authorized to refuse orders or to attach certain conditions to the delivery. If an order is not accepted, Purple Frog with notify this within fifteen (15) work days after receiving the order.
2.5 Although the information in our documentation and on our website is composed and is updated with the greatest of accuracy, changes and/or inaccuracies of the products, performances, images, prices or other information are reserved at all times. That is why no rights can be derived in any way from the contents of our website. Purple Frog accepts no liability for damage that is caused in any way from the use of the website or from the incompleteness and/or inaccuracy of the information supplied on the website.
Article 3. RIGHT OF WITHDRAWAL
3.1. When purchasing products by the Purple Frog website, the customer is allowed to cancel the agreement without giving reasons for 14 days by email. This cooling-off period starts on the day after receipt of the product by the customer.
3.2 During the cooling-off period, the buyer will handle the product and the packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and in the original condition and packaging to the company, in accordance with the reasonable and clear instructions provided by Purple Frog.
3.3 If the customer exercises his right of withdrawal, the costs of returning the goods are for the customer.
3.4 If the customer has paid an amount, Purple Frog will refund this amount as soon as possible but no later than 30 days after the return or cancellation.
Article 4. PRICES, PAYMENTS AND RESERVATION OF OWNERSHIP
4.1 The indicated prices for the offered products are in Euro, excluding taxes and excluding handling and shipping costs, possible taxes or other charges, unless mentioned otherwise or agreed upon in writing.
4.2 Customers are obligated to take delivery of the purchased materials on the moment that these have become available as is agreed upon in the order.
4.3 In the case of exceeding the agreed upon payment term you are in default from the day that payment should have taken place and from that day you owe a delay interest of 1% per month or a part of a month over the outstanding amount. If payment takes place after reminder by Purple Frog you owe an amount of twenty Euro (Euro 20.00) of administration costs and if Purple Frog offers its claims for collection, you also owe the collection fee, which amounts to at least fifteen percent (15%) of the outstanding amount, and regardless of the competence of Purple Frog, all extrajudicial (collection) costs (amongst which the costs incurred for the composing and sending of reminders, the conduction of settlement negotiations and other actions to prepare for a possible legal procedure) as well as legal costs are on account of the buyer. The extrajudicial collection costs are calculated on basis of the Voorwerk II report and are increased with € 25.00 registration costs.
4.4 If you are in default with any payment, Purple Frog is authorized to suspend (the execution of) the concerned agreement and agreements associated with it, or to dissolve this.
4.5 If the prices for the offered products and services rise in the period between the order and the execution of this, you are entitled to cancel the order or to dissolve the agreement with fifteen (15) days after notification of the price rise by Purple Frog.
4.6 Purple Frog has the right to link conditions to the execution of the order such as asking for advance payment.
4.7 The ownership of delivered products will only transfer, if you have satisfied that which you owe to Purple Frog on grounds of any agreement. The risk regarding the products already transfers to you at the moment of the delivery.
Article 5. INTELLECTUAL AND INDUSTRIAL PROPRIETARY RIGHTS
5.1 You are to respect all intellectual and industrial proprietary rights which rest on the products delivered by Purple Frog completely and unconditionally.
5.2 Purple Frog does not guarantee that the products delivered to you do not infringe upon any (unwritten) intellectual and/or industrial proprietary rights of thirds.
Article 6. COMPLAINTS AND LIABILITY
6.1 You are obligated to find out at delivery to see if the products meet the agreement. If this is not the case, you need to notify Purple Frog of this as quickly as possible and let it be known in writing and with motivation at least within three (3) days after the delivery.
6.2 If it has been proven that the products do not meet the agreement, Purple Frog has the option to replace the concerning products on their return by new products or to refund the invoice value of this.
6.3 In the case of legal liability the approach towards Purple Frog is limited to the payment of the insurance company in the present case.
Article 7. WARRANTY
7.1 Except in individually provided guarantees on a specific product, Purple Frog provides warranty during a year after delivery date against material and/or constructions errors of deliver products. The warranty is only issued on possible mistakes and/or defects in the composition of the materials and products fabricated by Purple Frog and extends only to the free of charge replacement of defective products, such on condition that you have satisfied the provided treatment, use and processing instructions issued by Purple Frog, as well as requirements of skilled processing and normal use and application; such can be shown by you to the satisfaction of Purple Frog if desired.
7.2 The liability of Purple Frog can never exceed the invoice amount of the delivered product, and is limited to free of charge repair of a defective products, or complete or partial replacement of this, such to the judgment of Purple Frog and to be executed either on the spot or at the factory.
7.3 Purple Frog is not liable for any damage whatsoever on the part of you or third parties arising in connection with the products and/or services delivered by Purple Frog.
7.4 If the products delivered by Purple Frog was placed by yourself or by thirds then you are responsible for the final judgment whether the fastening and mounting locations of works to be executed are valid for application, regardless of any possible advice or judgment given by Purple Frog.
7.5 Nor can complaints be made valid:
• Incorrect, careless or incompetent way of installing / hanging (always use a suspension ring)
• Wear or breakage due to exceeding the maximum weight or through robust use
• Discoloration and wear due to outdoor use. Weather influences have a negative effect also on outdoor products. So in bad weather, always store them after use in your house
• Water damage (the products are not 100% waterproof)
• Wrong maintenance or cleaning
• Damage by repair not performed by Purple frog
• When used for purposes other than those intended
• External causes, such as fire and / or water damage
• With minor differences in colour, quality, hardness, thickness and such
7.6 In case of repair of defective goods under warranty, the customer is obliged to return the goods at his own expense to a Purple Frog to be specified.
Article 8. FORCE MAJEURE
8.1 Notwithstanding the other of its other rights, Purple Frog has in the case of force majeure the right to, of own choice, suspend the execution of your order, or to dissolve the agreement without legal intervention, as such to be notified in writing to you and as such without Purple Frog is required any compensation unless this would be unacceptable in the given circumstances to standards of reasonableness and equity.
8.2 Force majeure is defined as every shortcoming which cannot be attributed to Purple Frog, because it cannot be blamed of guilt and it is not to be brought to its account by virtue of law, legal act or generally prevailing attitudes.
Article 9. MISCELLANEOUS
9.1 If you indicate an address in writing to Purple Frog, Purple Frog is authorised to send all orders to that address, unless you indicate a different address in writing to which your orders need to be sent.
9.2 When silent deviations of these Terms are allowed by Purple Frog during a short or longer period of time, this does not affect its right to still demand direct and strict compliance of these Terms. You can never claim any right on the grounds of the fact that Purple Frog applies these Terms smoothly.
9.3 If one or more of the provisions of these Conditions or any other agreements with Purple Frog might be in conflict with any applicable legal provision, the concerned provision will be voided and this will be replaced by new legally permissible comparable provision to be determined by Purple Frog.
9.4 Purple Frog is authorized to make use of thirds for the execution of your order(s).
9.5 The data provided by you is included in the Purple Frog customer database. In this file data is also included that is essential for the completion of the orders, like order, shipping and payment data. The customer database is used for the execution and completion of the orders and for marketing purposes.
9.6 Purple Frog is entitled to change the General Terms and Conditions.
Article 10. APPLICABLE LAW AND COMPETENT COURT
10.1 Only Dutch law is applicable to all rights, obligations, offers, orders and agreements on which these Terms are applicable, as well as on these Terms.
10.2 All disputes between parties will solely be submitted to the competent court for this in the Netherlands.