1. DEFINITIONS AND INTERPRETATION
1.1 Where used in these Conditions of Use:
i. “Buyer” means any individual, person, entity, company, firm, partnership or organization that purchases Products from Janssen-Militaria or is acting as a consumer (as defined by applicable law).
ii. “Conditions” means these Conditions of Use or any such successor terms and conditions that the Buyer is notified are in full force and effect as of the date of a Contract and are concurrently available on the Website of Janssen-Militaria located at the following URL: http://www.Janssen-Militaria.com. The Buyer may also request a copy of the most current Conditions of Use via the contact form on the website, or by submitting a written request via post to Janssen-Militaria, Warfslatweg 6, 7151HV, Eibergen, The Netherlands.
iii. “Website” means the Product ordering website operated by Janssen-Militaria located at the following URL: http://www.Janssen-Militaria.com.
iv. “Contract” means any agreement for the purchase and sale of Products from Janssen-Militaria to the Buyer which result from a Purchase Order submitted to and accepted by Janssen-Militaria.
v. ”Contract Date” means the date upon which a Purchase Order is accepted by Janssen-Militaria.
vi. “Products” means any combination of goods which are supplied by Janssen-Militaria to the Buyer pursuant to a Contract.
vii. “Purchase Order” means Buyers oral, written or electronic order for Products and shall include any order that the Buyer places online through the Website or transmits via email.
viii. “Janssen-Militaria” means Janssen-Militaria, registered in The Netherlands under company number, with a registered place of business at Warfslatweg 6, 7151HV, Eibergen, The Netherlands.
ix. “Visitor” means any individual, person, entity, company, firm, partnership or organization that uses the Website.
2. THIRD REICH ARTEFACTS
2.1 By entering this website the Visitor the Buyer confirm to understand and accept the statement and conditions mentioned on the first page when entered the Website regarding Third Reich artifacts.
3. SALVATORI CLAUSE
3.1 If individual regulations in these conditions of use should turn out to be not legally correct or will totally or partly lose their legal force, then thereby the validity of the other conditions in these Conditions will not be affected. The same applies when these Conditions should exhibit a not foreseen gap.
3.2 Janssen-Militaria may from time to time change the terms that govern your use of the Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the terms as changed.
4.1 Payment will not be accepted by any means other than cash, direct credit, Paypal or credit card.
4.2 Products will not be shipped until payment has been received in full. The purchase price including shipping costs payable by the Buyer shall be paid to Janssen-Militaria no later than two weeks after the Contract Date. When full payment has not been determined by Janssen-Militaria within these two weeks, the Products can be offered up for sale again for other parties. Any expenses or costs incurred by Janssen-Militaria in recovering any outstanding amounts, including collection agency fees, shall be paid by the Buyer.
5. PRICES AND QUOTATIONS
5.1 The prices of Products shall be: (i) the price for Products as listed in Euros on the Contract Date on the Website of Janssen-Militaria or (ii) the quoted price which shall be given by e-mail and be valid for seven (7) days following the date of quotation.
5.2 All prices and charges are inclusive 19% applicable value added tax (VAT). 19% VAT is the currently common percentage in the Netherlands (in the Netherlands known as BTW) for Products as listed on this Website. This tax shall be paid by the Buyer to Janssen-Militaria unless the Buyer provides Janssen-Militaria with a valid certificate of exemption acceptable to the appropriate taxing authority.
5.3 Prices as listed on the Website are exclusive of the cost of delivery for which the Buyer shall be additionally liable for paying to Janssen-Militaria.
5.4 The Buyer will be liable for any import duty, quotas, permits, product restrictions and other local requirements.
5.5 Quotations will only be valid in written form, either by letter or by e-mail.
5.6 Quotations will be void after seven (7) days following the date of a quotation.
6.1 Janssen-Militaria will deliver goods to the address stated on the order form.
6.2 All shipping is handled through TNT post services. Unless not otherwise agreed between the Buyer and Janssen-Militaria all items will be posted with registered mail or a “track and trace” parcel.
6.3 In respect of error in delivery, loss, damage or destruction to any Products during transportation of the Products the Buyer has to contact Janssen-Militaria by telephone immediately on receipt of the Products and confirming this by e-mail within five (5) working days.
6.4 It is possible for the Buyer to personally collect the purchased goods at the office of Janssen-Militaria. Should you wish to do so please call or e-mail us to make an appointment.
6.5 Because of EU regulations regarding buying on distance (EU e-commerce regulations) the following can only be applied by Buyers within the EU. Customers have a “Cool Down period”. After receiving your order you have seven days to annul the purchase. The purchase is only definite seven working days after receiving the order. Should you wish to annul your purchase please take the following steps: (i) Inform Janssen-Militaria within seven working days after receiving your order that you wish to annul the purchase. You can do this by letter or by e-mail. You will receive a confirmation by e-mail and further details to complete the annulment through your given e-mail address. (ii) You will return the relevant products. Please include the original invoice. Both cost and risk of the retuning of the product are at the expense of the Buyer. (iii) As soon as possible but no later than thirty days after receiving your returned products the relating purchase amount is returned to the originating account. Damaged products and/or products differing in any way from the original purchased goods can not be returned based on this cool down period.
6.6 Under rule of Dutch law, in particular the Law “Kopen Op Afstand” Janssen-Militaria is held to deliver any Purchase Orders no later than 30 days. This period limitation is restricted to deliveries within the Netherlands. In the case where Janssen-Militaria does not meet this requirement and Janssen-Militaria has not made other arrangements with the Buyer, the Buyer has the right to forfeit the purchase free of any charge. Forfeit is not possible if alternate delivery periods have been agreed upon.
7. TITLE AND RISK
7.1 Risk of loss or damage to the Products shall pass to the Buyer: (i) upon delivery, or (ii) if the Buyer unjustifiably fails to take delivery of the Products, at such time as delivery is tendered by Janssen-Militaria. Notwithstanding delivery and the passing of risk in the Products, The Buyer agrees that title to the Products shall not pass to the Buyer until Janssen-Militaria has cleared funds received as payment for the price of Products, and all other sums which are then currently outstanding to Janssen-Militaria by the Buyer.
7.2 The Buyer may not sell any Products to third parties before title has passed to the Buyer.
7.3 The Visitor may not offer any products displayed on the Website to a third party before Visitor becomes Buyer and title has passed to the Buyer.
7.4 Janssen-Militaria shall not be liable to any individual, person, entity, company, firm, partnership or organization for any loss or damage which may arise from (i) the use of the Website or (ii) any information on the Website or (iii) any of the items offered on this website or (iv) the use of any Products purchased by the Buyer.
8. WARRENTY AND RETURN POLICY
8.1 Within seven (7) working days after the Products delivery date the Buyer can cancel the Purchase Order by writing a letter to Janssen-Militaria or by sending an e-mail to Janssen-Militaria. The Buyer is responsible for sending the Products back to Janssen-Militaria and the Buyer has to pay for the shipping charges and charges for importing and exporting the Products.
8.2 Unless not specifically otherwise stated all offered articles on the Website are believed to be faultless contemporary originals. Janssen-Militaria guarantees a right of return on authenticity during 6 months from the date of the delivery.
8.3 Returned Products must be returned in the same condition as shipped by Janssen-Militaria. Once Janssen-Militaria has inspected returned Products, the necessary credit and refund will be issued. Products altered by Customer or third parties after delivery can not be accepted by Janssen-Militaria for any refund.
8.4 Janssen-Militaria will not give any warranty on items other then the warranty mentioned in 8.2. Military antiquities are not supposed to be used in other means than being part of a collection.
9. INACCURACY DISCLAIMER
9.1 There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Janssen-Militaria reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after Buyer has submitted a Purchase Order).
10. SITE DISCLAIMER
10.1 Janssen-Militaria does not promise that the Website will always be available or that its operation will be error free, nor does Janssen-Militaria accept responsibility for any adverse effects of accessing it, or downloading material from it. This includes any adverse effects from the downloading of viruses; the loss of or corruption to material that is downloaded or of any programs or data already on your system; and web site browser incompatibility problems.
10.2 The Website can contains links to various third party websites. Since Janssen-Militaria does not have control over the content of such websites and Janssen-Militaria accepts no liability for any loss or damage arising as a result of Visitor using or relying upon the information and services obtainable from such websites, visiting of any external websites via links from this Website is entirely at the risk of Visitor.
10.3 Without limiting condition 10.2, Janssen-Militaria does not make any representations or warranties as to the security of any information (including credit card and other personal information) the Visitor or the Buyer might be requested to give any third party through linked websites and the Visitor and the Buyer waive any claim against Janssen-Militaria with respect of such matters.
10.4 Where it is possible for the Visitor or the Buyer to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between the Visitor or the Buyer and the third party.
11 YOUR PROFILE
11.1 A Visitor can make a profile on the Website, a Buyer must make a profile on the Website before an order can be made on the Website. If you use this site, you are responsible for maintaining the confidentiality of your profile and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
11.2 If you are under 18, you may use the Website only with involvement of a parent or guardian.
11.3 Janssen-Militaria reserves the right to refuse service, terminate profiles, remove or edit content of profiles, or cancel orders in their sole discretion.
12. DATA PROTECTION
13.1 All contents of this Website, including texts, logos and pictures, are protected by copyright and/or other intellectual property rights, and may not be modified, distributed, posted or transmitted without prior written consent by Janssen-Militaria.
14 GOVERNING LAW AND DISPUTES
14.1 This Website is operated and maintained from The Netherlands. Unless expressly stated otherwise, these terms (and your use of the Website) are governed by Dutch Law. By using this Website you consent to the exclusive jurisdiction of the Dutch courts in respect of any disputes arising in connection with the Website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
14.2 Any dispute relating in any way to your visit to the Website or to products you purchase through Janssen-Militaria shall be submitted to confidential arbitration in the Netherlands, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Dutch Arbitration Institute (NAI, Nederlands Arbitrage Instituut). The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
15 COMMENTS OR QUESTIONS