Terms and conditions Dragen & Zo / Slings & Things
(tradenames of Dragen & Zo BV)
Article 1 General
1.1 These Terms & Conditions apply to the use of the Dragen & Zo website, printed catalogues and other publications and the sale of all goods supplied and delivered by Dragen & Zo. By ordering from Dragen & Zo you accept the terms and conditions contained here at the date of sale. You should read and print a copy and ensure you understand all terms. Any other conditions that deviate from these terms and conditions of Dragen & Zo are only binding if and insofar these have been expressly accepted in writing by Dragen & Zo.
1.2 You must be eighteen years old or older to use the Dragen & Zo site and/or place orders. If you are under eighteen, you may only use the Dragen & Zo site and/or place orders with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not this.
Article 2 Identity of the seller
These terms of sale apply to all goods and services (hereafter: goods) supplied by Dragen & Zo BV, trading as: Dragen & Zo and/or Slings & Things. Dragen & Zo is registered at the Trade Register of Roermond under number 67014615 with registered office at Graafschap Hornelaan 161, 6001 AC Weert, the Netherlands.
Article 3 The Goods, Purchase & Delivery
3.1 The description of the goods, the quantity, the quality, the price, VAT, insurance and delivery costs are set out in the web site, the catalogue, order page or order form. Illustrations, descriptions and other information as to particular goods , with the exception of prices, VAT, insurance and delivery costs, are approximate and for guidance only. Dragen & Zo may in its sole discretion vary the nature of the goods from that advertised without notice to you, so long as these variations are not material alterations.
3.2 Acceptance of your order and the completion of the contract between you and Dragen & Zo will take place on dispatch to you of the goods ordered, unless Dragen & Zo notifies you that your order is not accepted or you have cancelled it. Dragen & Zo reserves the right to refuse any order at its discretion or if it appears that the information you provided was incorrect the right to adjust prices.
3.3 You have the right to cancel up to 14 days after the day you receive the ordered goods. If you would like to make use of this right, please notify the customer services department by e-mail or phone, or by using the included return sticker, quoting your customer account number. You must return the goods (complete, undamaged and in unused condition) in their original packaging to the address listed in Article 2. and Dragen & Zo will return your payment and shipping costs. It is the customer’s responsibility to bear the cost of return postage and packing. Products which are specially ordered for you or customized cannot be returned. The cooling-off period of 14 days does not apply to customers acting in the exercise of a profession or as a business.
3.4 Dragen & Zo shall endeavor to supply all goods ordered as soon as possible. Goods and services are subject to availability and may be withdrawn at any time, including after you have placed your order. If your order or part of your order cannot be fulfilled, Dragen & Zo will notify you. When an item or order becomes (partly) unavailable Dragen & Zo may supply a substitute item of equal or better quality, or deliver your order in part. If you do not wish to keep the substitute item, please e-mail or call Dragen & Zo within 14 days from receipt of the goods. Dragen & Zo will then arrange for a credit, or refund, as appropriate. If Dragen & Zo requires the product to be returned, the Customer Services department will arrange for collection. The specification of goods, gifts and prizes are subject to change, modification and/or improvement. In the event that the specification of an item is changed Dragen & Zo will endeavor to ensure that the alternative is of superior value and quality.
3.5 Dragen & Zo is not liable for any damage, loss or theft including damages occurring when returning the Product(s). We encourage you to send items always properly insured.
3.6 Should your ordered goods arrive damaged, faulty or incorrect, please e-mail or call our customer services department within 14 working days from receipt of goods.
3.7 When you place an order to purchase goods from Dragen & Zo it constitutes an offer from you. Dragen & Zo is considered to have accepted these offers if Dragen & Zo sends some or all of goods you have ordered or if an order confirmation is sent by post or e-mail. That acceptance will be deemed to be complete and communicated to you at the time Dragen & Zo sends such confirmation email, letter or shipment.
3.8 Dragen & Zo shall use its best endeavors to ensure that a customer’s order is dispatched at the time requested by that customer. Where Dragen & Zo is unable to dispatch an order at the time requested by a customer, that order shall be dispatched as close to the time requested as is reasonably possible, whether this is earlier or later than the time requested.
3.9 Dragen & Zo will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when Dragen & Zo delivers..
3.10 Delivery is only available in the country where ordered. Delivery is not possible to PO Boxes or to some (remote) parts of certain countries.
Article 4 Prices & Payment
4.1 All prices quoted are in Euro and are accurate at the time published, but may be subject to change anytime. All prices on the website are applicable but subject to typing errors.
4.2 The placing of an order by a customer shall constitute an offer to Dragen & Zo to purchase goods at the current price advertised by Dragen & Zo. Dragen & Zo has the right to (partial) payment in advance or can refuse an order if previous deliveries have not been paid in full.
4.3 All prices are exclusive of shipping and packing and inclusive of VAT at the current rate where appropriate Dragen & Zo guarantees that there will be no increase to the prices mentioned in its online shop, specific offers or catalogue on orders received during the validity period of the website, specific offer or catalogue. Prices in the catalogues, special offers or online shop may vary. In the event that VAT rates increase during the currency of a catalogue or price list, Dragen & Zo reserves the right to pass on any such additional amounts to the customer.
4.4 If, in error, goods have been priced inaccurately, either at unit level or through the activation of a promotion, Dragen & Zo will not be liable to supply that item(s) to you at the inaccurate price. In such circumstances, Dragen & Zo may notify you of the correct price and ask you to confirm or decline your order for the item(s) in question.
4.5 Dragen & Zo accepts payment for goods in a number of ways specified below:
Bank transfer: you can pay the amount into the bankaccount of Dragen & Zo with account number NL44INGB0006400355.
4.6 If you do not fully pay after being summoned, the amount due for extrajudicial collection costs can be increased with extrajudicial collection costs of 15% on an outstanding principal amount up to € 2500, -; 10% on an outstanding principal amount from € 2500.01 to € 5000-; and with a minimum amount of € 40,-.
Article 5 Warranty
5.1 Dragen & Zo provides one year warranty on its delivered items. Dragen & Zo further guarantees the quality and / or usefulness of the delivered goods articles, according to the specifications provided. The date on the invoice is the effective date of the warranty. If a warranty claim is considered justified by Dragen & Zo, and Dragen & Zo request you to return the item(s), return costs will be borne by Dragen & Zo. Any costs resulting from unsubstantiated warranty claims will be borne by you.
5.2 No claims can be made under this warranty:
• in case of damages resulting from intentional or negligent treatment;
• if misused or bad maintenance;
• normal wear and tear ;
• if damaged resulting from failure to observe the instructions for use .
The warranty is subject to all rights the consumer has on the basis of the law. If you are a consumer, you have legal rights regarding products that are defective or non-compliant description. These statutory rights are not affected by the warranty or return policy in these terms & conditions.
Article 6 Risk and Ownership
6.1 Risk of damage to, or loss of the goods, passes to you at the time of delivery to you (or the agreed delivery address), or, if you fail to take delivery at the agreed time, when Dragen & Zo tried to deliver. Dragen & Zo will not be liable for any loss or damage to goods once they have been delivered in accordance with your delivery instructions.
6.2 As long as you have not paid the agreed amount in full, all delivered goods remain the property of Dragen & Zo.
Article 7 Liability
7.1 Subject to the application of any overriding local law, Dragen & Zo’s liability for any and all purposes including loss consequential to a breach of these terms and conditions or if any good supplied is in any way unsatisfactory shall be limited to a maximum of:
a. The value paid by the customer to Dragen & Zo for the relevant product; and
b. The cost of returning any unsatisfactory goods to Dragen & Zo.
Dragen & Zo shall not be liable to replace any goods or refund or credit any sums paid by the customer except in accordance with these terms and conditions.
7.2 Any liability of Dragen & Zo for indirect damages, including consequential damages, lost profits and loss due to business interruption, is excluded.
7.3 The limitations referred to in article 7.1 shall not apply if and insofar as the damage is the result of intent or gross negligence of Dragen & Zo.
7.4 Any right to compensation is always subject to (within 30 days) report the damage in writing as soon as possible after it occurs to Dragen & Zo.
7.5 You fully indemnify Dragen & So for all third party claims, related to the use of the product for a purpose for which it was not intended or for the consequences of use in deviation from the instructions provided for by Dragen & Zo.
Article 8 Website and catalogue disclaimer
8.1 Changes to goods may be made at any time. Dragen & Zo will use reasonable commercial endeavors to keep the web site up to date but the information and specifications given are for your information only and are subject to change without notice. Pictures on the web site are generally accurate but minor variations in color, shape and size must be expected.
8.2 The content of the web site is directed solely at those who access the site from addresses within the delivery area. Dragen & Zo assumes no responsibility for the contents of any other linked web sites.
8.3 If advice or information available on the web site is considered to require clarification or amplification we recommend you to request further clarification from employees. Dragen & Zo is not liable for any loss, damage or injury sustained that might have arisen as a result of following this help, advice or information.
Article 10 Intellectual Property Rights
10.1 The information and advice found in this web site or in any other publication of Dragen & Zo is provided solely for your personal use and must be viewed responsibly as no more than accumulated best practices.
10.2 All of the written, photographic and design content of the web site, the catalogues and any other publication along with the selection and arrangement of it and all software compilations are Dragen & Zo’s copyrighted property or that of the people who have granted to Dragen & Zo the right to use it and is protected as such. All rights reserved.
10.3 No part of this web site may be reproduced, mechanically, electronically, including photocopying, or by any means whatsoever without prior written permission of Dragen & Zo or that of the copyright holder.
10.4 All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorized use of a trade mark is forbidden. You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. If you become aware of any such distribution or commercial exploitation, you agree to notify Dragen & Zo immediately.
10.5 You acknowledge that by posting materials on the Dragen & Zo site you grant to Dragen & Zo and our licensors and assigns an irrevocable, perpetual, royalty free, worldwide license to use the materials both within Dragen & Zo site and in any other manner. The license extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
Article 11 General
11.1 Unless stated otherwise in the Additional Terms, these terms and your use of this site are governed by and construed in accordance with the laws of the Netherlands and any disputes will be decided only by the court in Roermond.
11.2 If either Dragen & Zo or you fail to enforce a right under these terms, that failure will not stop Dragen & Zo or you from enforcing the other rights, or the same type of right on a later occasion.
11.3 To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
11.4 In case of force majeure, which in any event includes internal civil commotion, mobilization, war, traffic jams, strikes, lockouts, business interruptions, supply delays, fire, flood, import and export restrictions and, in case Dragen & Zo by its suppliers, for whatever reason, is unable to supply which fulfillment of the agreement cannot be reasonably expected by Dragen & Zo, the implementation of the agreement will be suspended or terminated, all without Dragen & Zo to be obliged to pay for compensation..
11.5 If you are a business user, you agree to indemnify Dragen & Zo, and/or any of its affiliates and its officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the Dragen & Zo site.
11.6 You can send any complaints relating to your order by e-mail to: email@example.com call +31 (6) 38674359. The line is open Monday – Friday from 9:00 to 17:00.