General Delivery and Payment Terms and Conditions
Article 1. Applicability
1.1 These General Delivery and Payment Terms and Conditions (hereinafter referred to as: the Terms and Conditions) are, with the exclusion of possible other general terms and conditions, applicable to all offers, orders and agreements of FutureMax. These Terms and Conditions can also be consulted via the internet, reference is made to FutureMax.eu.
1.2 Either the acceptance of an offer or the placement of an order implies that you accept the applicability of these Terms and Conditions.
1.3 Deviation from the provisions set forth in these Terms and Conditions is only possible in writing, in which instance the other provisions remain in effect undiminished.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in possible additional agreements, for the benefit of FutureMax are also stipulated for the benefit of intermediaries and other third parties hired by FutureMax.
Article 2. Offers/agreements
2.1 All offers of FutureMax are without engagement and FutureMax explicitly reserves the right to change the prices, in particular if this would be required on account of (statutory) provisions. Reference is also made to article 3.6.
2.2 An agreement only comes into being following acceptance of your order by FutureMax. FutureMax is entitled to either refuse orders or to connect specific conditions to the delivery, unless explicitly determined otherwise. Should an order not be accepted, FutureMax shall communicate this within ten (10) working days following receipt of the order.
2.3 A number of products (e.g. games and DVDs) are offered stating an age classification. By ordering these products you declare to have at least accomplished the stated age.
Article 3. Prices and payment
3.1 The prices mentioned for the offered products and services are in EUR, including VAT and excluding handling and shipping costs, unless explicitly otherwise stated or agreed upon in writing.
3.2 Payment should take place in advance or C.O.D (only available within the Netherlands).
3.3 Payment can take place by means of C.O.D. (cash on delivery only within the Netherlands) consignment, Ideal, PayPal, MasterCard, Visa, Maestro or payment in advance (remittance).
3.4 In case the payment term is exceeded you are, as of the day payment should have taken place, in default and as of this day you are held to pay a deferred payment interest of 1% per month or part of a month over the outstanding amount. In case payment takes place following a reminder of FutureMax you are held to pay an amount of twenty-two Euros and sixty-nine Eurocents (EUR 22.69) on account of administration costs to FutureMax and in case FutureMax outsources its claim for collection you are also held to pay the collection costs, amounting to at least fifteen percent (15%) of the outstanding amount, without prejudice to the right of FutureMax to, instead thereof, claim the actually incurred extrajudicial collection costs.
3.5 Should you be in default with regard to any payment, FutureMax shall be entitled to either suspend or dissolve (the execution of) the relevant agreement and the associated agreements.
3.6 In case the prices of the offered products increase in the period between the order and the execution thereof, you shall be entitled to either cancel the order or dissolve the agreement within ten (10) days following communication of the price increase by FutureMax.
Article 4. Delivery, consignment and returned goods
4.1 The delivery times indicated by FutureMax are merely of an indicative nature. Overstepping of any and all delivery deadline neither entitles you to claim compensation for damages nor to cancel or dissolve the agreement, unless the overstepping of the delivery deadline is such that it can in fairness not be expected of you to preserve the agreement. In that case you are entitled to either cancel the order or dissolve the agreement, insofar necessary.
4.2 The delivery of the products takes place at the time and place when the products are ready for consignment to you.
4.3 Shipping costs shall depend on the weight, the number of boxes, the destination and the selected shipment method. The exact shipping costs shall always be displayed before you confirm an order.
4.4 Should you, for whatever reason, decide not to purchase a product you are entitled to return the product to FutureMax within eight (8) days following the delivery. Returned goods are in that case only accepted if the packing of the product is undamaged and the plastic seal of the packing has not been broken, whereby it moreover applies that the costs associated with the returned goods are at your expense.
Software cannot be exchanged!
Unstamped consignments of returned goods to FutureMax are not accepted by us.
Article 5. Reservation of title
5.1 The title with regard to the delivered products only transfers once you have paid all that which you are held to pay to FutureMax on account of any agreement. The risk with regard to the products already transfers to you at the moment of delivery.
Article 6. Intellectual and industrial property rights
6.1 You should fully and unconditionally respect all intellectual and industrial property rights vested on the products delivered by FutureMax.
6.2 FutureMax does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property right of third parties.
Article 7. Complaints and liability
7.1 You are obliged to, upon delivery, verify as to whether the products correspond with the agreement. Should this not be the case, you should forthwith, at least within seven (7) working days following the delivery, at least after observation was in fairness possible, inform FutureMax in writing and in a motivated manner.
7.2 In case it is demonstrated that the products do not correspond with the agreement FutureMax may, at its own discretion, either replace the relevant products by new products upon restitution of the former or repay the invoiced amount thereof.
7.3 Should you, for whatever reason, not wish to purchase a product, you are entitled to return the product to FutureMax within eight (8) days following the delivery. Returned goods are in that case only accepted if the packing of the product is undamaged and the plastic seal of the packing has not been broken, whereby it moreover applies that the costs associated with the returned goods are at your expense.
Article 8. Orders/communication
8.1 FutureMax shall not be liable for misunderstandings, defects, delays or improper transmission of orders and communications resulting from the use of the internet or any other communications means in the traffic between you and FutureMax, or between FutureMax and third parties insofar related to the relation between you and FutureMax, unless and insofar there might be question of intent or gross culpability on the part of FutureMax.
Article 9. Force majeure
9.1 Without prejudice to its other rights, FutureMax shall, in case of force majeure, be entitled to, at its own discretion, either suspend the execution of your order or cancel the agreement without judicial intervention, such by communicating this to you in writing and such without FutureMax being held to pay any compensation for damages, unless this would, in the given circumstances, be unacceptable according to the standards of reasonableness and fairness.
9.2 Force majeure is understood to comprise any shortcoming that cannot be blamed on FutureMax on account of the fact that it can neither be attributed to its culpability nor can it, pursuant to the law, legal acts or common standards be at the expense of the same.
Article 10. Miscellaneous
10.1 In case you provide FutureMax with an address in writing, FutureMax shall be entitled to send all orders to this address, unless you communicate another address to FutureMax in writing to which your orders need to be send.
10.2 If FutureMax tacitly allows deviations from these Terms and Conditions for a short or longer period of time this shall not affect its right to yet demand direct and strict compliance with these Terms and Conditions. You can never invoke any right based on the fact that FutureMax applies these Terms and Conditions in a flexible manner.
10.3 In case one or more of the provisions of these Terms and Conditions or of any other agreement with FutureMax is in violation of any applicable statutory provision, the relevant provision shall expire and be replaced by a new, legally allowed, comparable provision to be established by FutureMax.
10.4 FutureMax shall be authorised to make use of third parties in connection with the execution of your order(s).
Article 11. Applicable law and competent Court
11.1 Dutch law shall exclusively apply to all rights, obligations, orders and agreements, to which these Terms and Conditions are applicable, as also to these Terms and Conditions.
11.2 All disputes between the parties shall exclusively be presented to the competent Court in the Netherlands.
General Delivery and Payment Terms and Conditions, 24 April 2008
3481 EX Harmelen
CoC number: 30161131
VAT number: NL170510876B01