Terms & Conditions

GENERAL DELIVERY TERMS ARCADEWINKEL

Located at Paardeweide 46, 4824 EH Breda, Netherlands

Registered with the Chamber of Commerce under number 67062466

Article 1. Definitions

Article 2. Applicability

Article 3. Offers

Article 4. Formation of the Contract

Article 5. Delivery

Article 6. Delivery Times

Article 7. Inspection Period and Right of Withdrawal

Article 8. Inspection, Complaints, and Quality Guarantee

Article 9. Billing and Payment

Article 10. Retention of Title

Article 11. Liability

Article 12. Limitation Period

Article 13. Force Majeure

Article 14. Applicable Law and Jurisdiction

Article 15. Amendments and Interpretation of Terms

Article 1. Definitions

In these general terms and conditions, the following terms are written with an initial capital letter and used in the following meaning, unless explicitly stated otherwise:

1. ArcadeWinkel: The party with whom the buyer enters into an agreement and the user of these general terms and conditions in the sense of Article 6:231 sub b BW (Dutch Civil Code).

2. Consumer: The buyer who, when entering into a contract with ArcadeWinkel, is not acting in the course of a profession or business.

3. Buyer: The natural or legal person who purchases products from ArcadeWinkel and is the contracting party in the agreement with ArcadeWinkel in the sense of Article 6:231 sub c BW.

4. Order: The buyer's order of products from ArcadeWinkel.

5. Contract: The agreement between ArcadeWinkel and the buyer under which ArcadeWinkel supplies products to the buyer in exchange for payment.

6. Parties: ArcadeWinkel and buyer collectively.

7. Products: All items offered by ArcadeWinkel on their website that are the subject of the contract.

8. Written: In these general terms and conditions, "written" also includes communication via email, fax, or digital means (e.g., through an online interface), provided the identity of the sender and the integrity of the content are sufficiently secured.

9. Website: The website of ArcadeWinkel, accessible at: https://www.arcadewinkel.nl/.

Article 2. Applicability

1. These general terms and conditions apply to all offers, contracts, and deliveries by ArcadeWinkel, unless explicitly stated otherwise.

2. Any general terms and conditions of the buyer, however named, are explicitly rejected. Deviations from and additions to these terms and conditions are only valid if expressly accepted in writing by ArcadeWinkel.

3. If ArcadeWinkel permits deviations from these general terms and conditions for short or extended periods, this does not affect ArcadeWinkel’s right to demand strict compliance with these conditions. The buyer cannot derive any rights from the manner in which ArcadeWinkel applies the present terms and conditions.

4. These conditions also apply to all agreements with ArcadeWinkel where third parties are involved in the execution. These third parties can refer to these general terms and conditions, including any liability limitations, directly towards the buyer.

5. If one or more provisions of these general terms and conditions or any other agreement with ArcadeWinkel are in conflict with any mandatory statutory provisions or applicable legal norms, the relevant provision shall be null and void and replaced by a new, legally permissible, and comparable provision set by ArcadeWinkel.

Article 3. Offers

1. All offers made by ArcadeWinkel are non-binding and subject to change, unless explicitly stated otherwise.

2. The content of the delivery is solely determined by the description given in the offer statement. If the acceptance deviates (in subordinate points) from what is included in the offer, ArcadeWinkel is not bound by it. In this case, the contract does not come into effect according to this deviating acceptance, unless ArcadeWinkel indicates otherwise.

3. Obvious errors or typographical errors in ArcadeWinkel’s offers, such as on their website or in price lists, do not bind ArcadeWinkel.

4. Prices stated by ArcadeWinkel are inclusive of VAT and other government charges, unless explicitly stated otherwise. Shipping costs are borne by the buyer, unless the buyer chooses to pick up the products directly from the company.

5. ArcadeWinkel is entitled to change their prices at any time. Offers do not automatically apply to future orders.

Article 4. Formation of the Contract

1. Except as provided below, a contract with ArcadeWinkel is only concluded after ArcadeWinkel has accepted or confirmed an order in writing. The order confirmation is deemed correct and complete unless the buyer immediately raises objections in writing.

2. For orders placed through ArcadeWinkel’s website, it is different from paragraph 1 of this article that the contract is concluded as soon as the buyer has successfully completed all steps in the online ordering process. ArcadeWinkel will then confirm the order in writing.

3. Later agreements or changes are only binding on ArcadeWinkel if confirmed in writing by ArcadeWinkel within 5 days.

Article 5. Delivery

1. Unless otherwise agreed, delivery will be made to the delivery address provided by the buyer. Shipping costs are borne by the buyer.

2. If the buyer has specific requirements for the packaging used by ArcadeWinkel, the buyer bears all costs for such packaging. Packaging materials are not taken back by ArcadeWinkel.

3. If it was agreed that the buyer will pick up the products or arrange for their transport, the products ready for pickup or shipment must be collected or received as soon as reasonably possible at the delivery location. In this case, the risk regarding the products passes to the buyer as soon as the products are received by the buyer or a third party appointed by the buyer.

Article 6. Delivery Times

1. If ArcadeWinkel provides a deadline for delivery or performance of the contract, this is only an estimate. A stated delivery time should therefore not be considered a fixed deadline. In case of exceeding a deadline, the buyer must notify ArcadeWinkel in writing of the default. ArcadeWinkel must then be given a reasonable period to still perform the contract.

2. If ArcadeWinkel believes that proper execution of the contract requires it, ArcadeWinkel has the right to have certain work performed by third parties.

3. The buyer ensures that all data that ArcadeWinkel indicates as necessary or that the buyer should reasonably consider necessary for the execution of the contract are provided to ArcadeWinkel in a timely manner. If the data required for the execution of the contract are not provided to ArcadeWinkel in a timely manner, ArcadeWinkel has the right to suspend the execution of the contract and/or charge the additional costs incurred due to the delay to the buyer at the usual rates.

Article 7. Inspection Period and Right of Withdrawal

1. The buyer has the right to inspect the purchased products within 14 days of receipt, without a right of withdrawal. The buyer may only use the products to the extent necessary to check the nature, characteristics, and functioning of the products. The buyer is liable for any decrease in value of the products resulting from use beyond what is necessary to determine the nature, characteristics, and functioning of the products.

2. If the buyer wishes to return the products after the inspection as described in paragraph 1, they can do so as long as the products are complete and unused. The buyer must notify ArcadeWinkel in writing of their intention to return the products within the aforementioned 14-day period. The return of the products must occur within 14 days of receiving the notice of withdrawal.

3. If the buyer withdraws from the contract, ArcadeWinkel must refund any payments made, including shipping costs, without delay and no later than 14 days after receiving the notice of withdrawal. ArcadeWinkel may withhold the refund until the returned products are received or the buyer has proven that they have returned the products, whichever is earlier.

Article 8. Inspection, Complaints, and Quality Guarantee

1. The buyer is obligated to immediately check the delivered products upon receipt for any defects. Complaints or objections must be submitted to ArcadeWinkel in writing or electronically without delay after discovery.

2. Complaints or objections regarding the products that are not reported within the 14-day inspection period according to Article 7.1 will no longer be considered.

3. If ArcadeWinkel agrees that the complaint is justified, ArcadeWinkel has the right to remedy the defects at its discretion or replace the products. A refund of the purchase price will only occur if ArcadeWinkel has no possibility to remedy the defects or replace the products.

Article 9. Billing and Payment

1. ArcadeWinkel’s invoices must be paid by the buyer within the period stated on the invoice.

2. If the buyer fails to pay on time, they are in default without further notice. In this case, ArcadeWinkel is entitled to charge default interest according to the statutory rate.

3. All costs related to the collection of claims, including lawyer’s fees and court costs, incurred by ArcadeWinkel to enforce its full legal claims against the buyer are to be borne by the buyer.

Article 10. Retention of Title

1. The delivered products remain the property of ArcadeWinkel until the purchase price has been paid in full. The buyer may not pledge or encumber the products in any way until the purchase price has been paid in full.

2. Once ArcadeWinkel has delivered the products to the buyer after full payment of the purchase price, the risk regarding the products passes to the buyer.

Article 11. Liability

1. ArcadeWinkel is only liable for damage that is directly and demonstrably caused by a deliberate or grossly negligent act or omission of ArcadeWinkel. ArcadeWinkel is not liable for damage resulting from improper use, installation errors, or normal wear and tear.

2. ArcadeWinkel’s liability is limited to the amount paid out under the relevant insurance policy for the damage, if and to the extent ArcadeWinkel has taken out such insurance. If ArcadeWinkel has not taken out insurance, liability is limited to the amount the buyer has paid for the relevant products.

Article 12. Limitation Period

Claims by the buyer against ArcadeWinkel expire after a period of 12 months from the occurrence of the claim.

Article 13. Force Majeure

1. ArcadeWinkel is not liable for delays or non-performance of obligations due to events or circumstances beyond ArcadeWinkel’s control, including natural disasters, strikes, riots, war, or other situations leading to unavoidable impairment of performance.

2. In case of force majeure, ArcadeWinkel has the right to terminate the contract or suspend obligations for the duration of the force majeure situation.

Article 14. Applicable Law and Jurisdiction

1. All contracts concluded by ArcadeWinkel are governed exclusively by Dutch law.

2. All disputes arising from or related to the contract or these general terms and conditions will be resolved before the competent courts in Breda, Netherlands.

Article 15. Amendments and Interpretation of Terms

1. ArcadeWinkel reserves the right to amend these general terms and conditions at any time. Amendments will take effect as soon as they are published on ArcadeWinkel’s website.

2. If any part of these general terms and conditions or any other agreement between the parties is unlawful or void, the remainder of the terms or agreement will remain unaffected. In such a case, the parties will in good faith find a legally permissible arrangement that most closely approximates the original intent.