Terms and Conditions
First, we would like to say a personal word to you before all the legal elements are addressed. We at Barry Emons operate under an open and honest policy. We treat our clients as we would like to be treated ourselves.
- We will communicate with you personally, openly and honestly at all times. Whether through the website, by email or by phone.
- We process all orders with the utmost care.
- No good, we always come to a suitable solution!
- In case of complaints, always contact us. Both within and outside the warranty period. We are the party with expert knowledge, experience and the right contacts to resolve your complaint (if possible).
- Also in case of complaints/comments about us or our services also always contact us. We like to work for you. If there is room for improvement we would like to know so that we can serve you even better.
Terms
1. General
1.1 To all offers, orders and agreements at Barry Emons Aangepast Spelmateriaal b.v. these terms and conditions apply to the exclusion of any other terms and conditions.
2. Application
2.1 These terms and conditions apply to all legal relationships in which Barry Emons Aangepast Spelmateriaal b.v. acts as supplier of products.
2.2 Accepting an offer or placing an order implies that you accept the applicability of these terms and conditions.
3. Offers
3.1 All offers of Barry Emons Customized Games Equipment b.v. are without engagement. Offers are subject to availability of the products. Barry Emons Customized Games equipment b.v. has the right to deliver a similar product instead of the ordered product or to dissolve the agreement. Typesetting and printing errors are reserved at all times.
3.2 Barry Emons Customized Games Equipment b.v. expressly reserves the right to change prices, in particular when required by (statutory) regulations. See also article 5.3.
3.3 After exceeding the closing date of an offer or a promotional period, the buyer cannot use the respective promotion or offer.
4. Agreement
4.1 The purchase agreement between Barry Emons Customized Games Equipment b.v. and the buyer is concluded when the trial period of 14 working days following receipt of the order has expired.
4.2 An agreement will only come into effect after acceptance of your order by Barry Emons Aangepast Spelmateriaal b.v.. Barry Emons Customized Games materials b.v. is authorized to refuse orders or attach certain conditions to the delivery, unless explicitly determined otherwise. If an order is not accepted, Barry Emons Customized Games materials b.v. will inform you within ten (10) working days after receipt of the order.
5. Price and delivery
5.1 All prices are exclusive of Dutch sales tax unless otherwise agreed, exclusive of other levies imposed by the government, as well as any costs to be incurred in connection with the agreement, including shipping, storage and/or administration costs. If the buyer is not located in the country of shipment, the buyer shall be liable for any sales tax or import duties due.
5.2 Prices include standard packaging and exclude freight charges, unless otherwise agreed.
5.3 If the prices for the offered products and services increase in the period between the order and its execution, you will be entitled to cancel the order or dissolve the agreement within ten (10) days after notification of the price increase by Barry Emons Aangepast Spelmateriaal b.v.
5.4 Barry Emons Aangepast Spelmateriaal b.v. cannot be held liable for discrepancies in prices, images and texts.
5.5 Deliveries shall be E.X.W (ex factory/point of sale/warehouse; Incoterms 2000), unless otherwise agreed.
5.6 Barry Emons Customized Games Equipment b.v. reserves the right to deliver the goods in more than one shipment.
5.7 For orders, Barry Emons Adapted Games Equipment b.v. will deliver to the delivery address provided within five (5) working days after order confirmation, provided that it is in stock and paid for.
5.8 The above delivery times are an indication and not a deadline. Barry Emons Customized Games Equipment b.v. shall in no event be liable for any loss or damage resulting from any delay in delivery.
5.9 Barry Emons Aangepast Spelmateriaal b.v. will arrange for delivery by post or shipment by any other means of its choice.
5.10 Ownership of products passes to buyer upon delivery if products have been paid for.
5.11 The buyer is obliged to take delivery of the purchased goods at the moment they are at his disposal or are made available to him, if the buyer refuses to take delivery or is negligent in the provision of information or instructions necessary for the delivery, the goods destined for delivery will be stored at the buyer’s risk after Barry Emons Aangepast Spelmateriaal b.v. has notified him. The buyer shall in such case be liable for all additional costs.
6. Intellectual and Industrial Property Rights.
6.1 You must fully and unconditionally respect all intellectual and industrial property rights vested in the products supplied by Barry Emons Customized Games Equipment b.v..
6.2 Barry Emons Custom Game Equipment b.v. does not warrant that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property right of any third party.
6.3 All intellectual property rights in relation to the site of Barry Emons Customized Playing Materials b.v., including the software, texts, images and sounds belong to Barry Emons Customized Playing Materials b.v. and/or to those from whom we have obtained a license. This means, inter alia, that it is not permitted without our permission to publish, reproduce and/or edit the information contained on Barry Emons Customized Spelmateriaal b.v. sites other than for personal use.
7. Shipping costs products
7.1 All prices of the products on the sites of Barry Emons Aangepast Spelmateriaal b.v. are exclusive of shipping costs (at applicable rates).
8. Secure payment
8.1 According to applicable payment method pay products. Choice menu you will get after approving these conditions.
9. Return products
9.1 Articles 9.1 to 9.6 apply only to standard products for which you did NOT have to make a color choice and it is NOT a custom product.
9.2 Products purchased through Barry Emons Aangepast Spelmateriaal b.v. may be returned without giving reasons within fourteen (14) working days of receipt, provided that the purchase has not been used and is in its original packaging. The buyer may revoke his order within fourteen (14) working days after ordering, without payment of a fine and without giving reasons. Provided sufficient postage. The buyer then also has the possibility of having the order amount, if already paid, refunded. To this end, you must contact us within fourteen (14) working days of receipt at the delivery address. See also the returns section of our site.
9.3 If you have received a faulty product, Barry Emons Adapted Games Equipment b.v. will exchange it for the exact same product free of charge, provided the purchase has not been used and is in its original packaging, unless this product is out of stock or “end of life”. The buyer is entitled to a refund of the order amount, if already paid. To this end, you must contact us within fourteen (14) working days of receipt at the delivery address. See also the returns section of our site.
9.4 If you have received another product instead of the product ordered, Barry Emons Customized Games Equipment b.v. will exchange the product ordered by you free of charge provided the purchase has not been used and is in its original packaging. The buyer is entitled to a refund of the order amount, if already paid. To this end, you must contact us within fourteen (14) working days of receipt at the delivery address. See also the returns section of our site.
9.5 If pursuant to the above any product may be returned, the amount paid by you will be deposited into your bank or giro account within ten (10) days. Please contact us for this purpose. See also the returns section of our site.
9.6 If the above deadlines are not respected by the buyer, the above rights of the buyer shall be forfeited by a lapse of such deadline.
10. Complaints, duty to investigate, statute of limitations and performance
10.1 Claims regarding non-receipt of the order must be made within seven (7) days of receipt of the invoice, as otherwise the correctness of the invoice is established.
10.2 Complaints regarding defects in the products must be made in writing and as soon as possible, but at the latest within seven (7) working days after receipt at the delivery address or – in the case of non-visible defects – within twenty-one (21) days after the defects could reasonably be discovered.
10.3 You are obliged to inspect upon delivery whether the products comply with the agreement. If this is not the case, you must inform Barry Emons Aangepast Spelmateriaal b.v. as soon as possible and in any case within seven (7) days after delivery, or at least after detection was reasonably possible, in writing, stating the reasons. If it has been demonstrated that the products do not comply with the agreement, you will have the choice of having the products in question replaced with new products upon their return or having the invoice value reimbursed. If for any reason you do not wish to take delivery of a product, you have the right to return the product within seven (7) days after delivery to Barry Emons Customized Games Equipment b.v.. Return shipments in this case will only be accepted if the product is undamaged and the costs of return shipment will be for your account.
11. Liability
11.1 Barry Emons Aangepast Spelmateriaal b.v. does not accept any liability for damages resulting from or in connection with the performance of this agreement or the delivery of goods, except if and insofar as the damage was caused by an act or omission of Barry Emons Aangepast Spelmateriaal b.v., committed with the intent to cause such damage, or recklessly and with the knowledge that such damage would probably result therefrom.
12. Applicable law/competent court.
12.1 All legal relations between Barry Emons Aangepast Spelmateriaal b.v. and the buyer are governed by Dutch law.
12.2 All disputes that may arise in connection with the present agreement or any further agreements resulting therefrom, will be settled in accordance with the regulations of the Netherlands Arbitration Institute or, if Barry Emons Aangepast Spelmateriaal b.v. so chooses, by the competent court of the domicile or place of business of Barry Emons Aangepast Spelmateriaal b.v. or the buyer. The proceedings will be conducted in the Dutch language. The arbitral tribunal will decide according to the rules of law.
13. Dutch text prevails
13.1 The Dutch text of these general terms and conditions shall prevail over translations thereof.
14. Personal data
14.1 Barry Emons Aangepast Spelmateriaal b.v. will comply with the statutory regulations with respect to the protection of personal data, as laid down in the Personal Data Protection Act.
14.2 Barry Emons Customized Games Equipment b.v. will store the data provided by the buyer in a file. These data will be used for the execution of the buyer’s order and will be kept as long as necessary for the handling of any complaints arising from the execution of the order. No data will be provided to third parties involving the privacy of the buyer.
15. Miscellaneous
15.1 If you provide Barry Emons Customized Games Materials b.v. with an address in writing, Barry Emons Customized Games Materials b.v. will be entitled to send all orders to that address, unless you provide Barry Emons Customized Games Materials b.v. in writing with another address to which your orders are to be sent.
15.2 If one or more of the provisions of these Terms and Conditions or any other agreement with Barry Emons Customized Games Equipment b.v. should be in violation of any applicable legal regulation, the relevant provision will cease to have effect and will be replaced by a new comparable provision to be determined by Barry Emons Customized Games Equipment b.v..
16. Modification of general terms and conditions
16.1 These terms and conditions may be amended or supplemented by Barry Emons Customized Games Equipment b.v. at any time without notice or loss of any right. The amendments will be published on the websites of Barry Emons Customized Games Equipment b.v.. The amendments will take effect fourteen (14) days after publication or on a later date specified in the announcement.