TERMS AND CONDITIONS
These general terms and conditions apply to all agreements, how also called, entered into by ProfishBaits. These conditions can also be invoked by employees of Profishbaits and third parties that are enabled by Profishbaits.
- These conditions relate to all sell by Profishbaits.
- The agreement comes after the confirmation by Profishbaits of the acceptance of an order. When Profishbaits is not able to carry out an order the customer will be informed as soon as possible, already paid funds will be refunded.
- An order can be cancelled free of charge per e-mail within 24 hours after placing the order. Any amounts paid will be refunded as soon as possible. If cancelled later Profishbaits will bring 25% of the original invoice amount in account. Profishbaits can also cancel an order if the amount is not met, within 1 month if chosen for prepayment by bank transfer.
- The buyer confirms to be aware of the product specifications. Profishbaits seeks to provide all products as ordered, but is not responsible if errors herein or are different from the website. When ordering of wrong goods, the customer is fully responsible.
- Profishbaits tries to send all ordered goods within 5 business days. In case of delays the client will be informed of this.
- Exchange/return of products must be in undamaged, unopened, original packaging. Shipping costs are for the customer.
- If a contracting party is opposed to the way that the agreement is performed by Profishbaits, the contracting party must immediately inform Profishbaits at the time of delivery of the product or after the granting / delivery of the service to Profishbaits in written communication.
- If deficiencies reveal in a later stadium, objections must be communicated in writing within 14 days thereafter to Profishbaits.
- If objections are not timely made, it is assumed that Profishbaits has duly performed.
- payment of the agreed amount to Profishbaits must be made for the date of expiry stated on the invoice without recourse to debt equation.
- PRofishbaits reserves the ownership of delivered goods by her in shortfalls of the counterparty. If another party does not pay on time, Profishbaits has the right to ask the delivered goods back as her property.
- If not paid within the agreed due date, contract party shall be deemed to be legally in default and therefore Profishbaits is entitled, from the due date without further notice, to charge an interest rate as determined by Profishbaits, as well as all the costs for collection of her claim, including judicial and extrajudicial cost.
- Profishbaits reserves the right to debt relief.
If in connection with the implementation of any agreement with Profishbaits damage occurs, then the following applies:
- If the damage is caused by any product, that has undergone no treatment whatsoever by Profishbaits , or that is the result of a binding public act or of not invoiced services and/or advice, Profishbaits is not liable for such damages,
- If the damage is caused by a faulty operation or manufacture of a product provided by Profishbaits or by a flawed or incorrect service / advice, the liability of Profishbaits is limited to the amount invoiced for these goods/sevices by Profishbaits,
- damage is under consequential damages means directly and exclusively as a result of a use of the product in accordance with its nature and destination. Consequential damages shall be deemed to be understood in the damage referred to in point 15 of this article,
- Profishbaits is not liable for any damage as a result of incompetent and/or improper use of a product / service,
- Joint claims of multiple contract parties for damage as referred to under 15 of this article, arising from the same cause, are limited to the maximum as stated under 15. This to be distributed in proportion to everyone’s individual claim,
- Any legal claim for damages under liability of Profishbaits in respect of defects in goods delivered or services rendered will lapse after expiration of one year after the time of delivery,
- Purchase conditions of contract parties are not accepted by Profishbaits, in whole or in part,
- Goods are send at the risk of the customer,
- If Profishbaits by circumstances beyond its will and/or blame does not, not timely or cannot comply with an agreement, this is considered as force majeure for Profishbaits. In that case Profishbaits is not liable for any harm resulting from the not, not timely or not properly fulfilling the agreement,
- To all agreements with Profishbaits Dutch law is governed. A recourse to the provisions of the Vienna Sales Convention is excluded. Only the courts in the place of the headquarters of Profishbaits has jurisdiction in case of disputes.