Terms and conditions – Urban Survival BV
- General
1.1 These general terms and conditions apply to all offers from Urban Survival BV and to all contracts and/or agreements concluded with you (customers/customer of Urban Survival BV products).
1.2 Sales via the website of Urban Survival BV (www.urbansurvival.nl) are also subject to these terms and conditions.
1.3 When the general terms and conditions refer to the catalogue, the Urban Survival BV catalogue on the internet is also referred to.
- Order
2.1 Orders can be placed (stating customer number, your most recent street address, the correct order numbers and numbers of items to be ordered), by e-mail or via the website. Please follow the instructions on the website.
2.2 The minimum order amount is € 25,-. For orders under € 25,- there is a surcharge of € 8,-. Urban Survival BV has the right not to execute orders without giving reasons or to attach conditions, such as prepayment or cash on delivery.
2.3 Per order, € 7.01 (NL) and € 8.50 (BE) in shipping costs are charged.
2.4 If you order cash on delivery from Urban Survival, € 6.95 extra shipping costs will be charged.
2.5 The agreement is concluded when Urban Survival BV has processed your order.
- Prices
3.1 For the most up-to-date price information, we recommend that you inform us or consult the website.
3.2 As long as the agreement has not been concluded, Urban Survival BV is authorized to change the prices stated on the website and the further conditions.
3.3 All prices include costs of packaging and VAT, excluding costs of transport, shipping, insurance and statutory contributions.
3.4 Urban Survival BV is also entitled to pass on changes in the rate of turnover tax and any other taxes and/or levies to you after the conclusion of the agreement.
- Delivery
4.1 Urban Survival BV determines the mode of transport and the carrier. If you have special transport requirements, the extra costs will be borne by you. All orders will be delivered to the specified address.
4.2 Per order, depending on the method of payment, a one-time contribution to the shipping costs stated on the website will be charged.
4.3 Urban Survival delivers the order as stated on the website with due urgency. In the event of a delay, you will be notified of this within one month of acceptance of the order from Urban Survival BV at the latest. You then have the right to cancel the order free of charge within seven days of receipt of the delay notice. If this cancellation does not take place (in time), you will be deemed to agree to the delay.
4.4 If part of the order can only be delivered later, the same applies. There are no additional costs associated with subsequent delivery.
4.5 If delivery of an item proves to be impossible for whatever reason, Urban Survival BV will try to deliver an item that is comparable in price and quality in consultation with you.
4.6 Despite all the care we take when ordering, it is possible that an order is not delivered or is incomplete or incomplete. In that case you can report this to us up to 7 days after your order and the delivery may be supplemented or redone at our expense.
- Payment
5.1 You must pay either in cash on delivery (cash on delivery), by iDeal or by bank transfer or giro, on conditions further set out in the website.
5.2 If Urban Survival BV allows payment to be made on account, a payment term of 14 days after the invoice date applies.
5.3 You cannot set off the payment against counterclaims. You may also not suspend payment for any reason.
5.4 Prepayment is only possible by payment by bank or giro.
5.5 If you do not pay (on time), you will owe the statutory interest and all judicial and extrajudicial collection costs with a minimum of € 100. Urban Survival BV can then suspend fulfillment of its obligations or dissolve the agreement by letter.
- Retention of title
6.1 Delivered items remain the property of Urban Survival BV until you have fulfilled all your (payment) obligations. This applies to all obligations for which the law allows the making of a retention of title.
6.2 Urban Survival BV is irrevocably authorized to remove and sell the items that have remained the property of Urban Survival BV without notice of default being required.
- Right of return
7.1 You have the right to return items delivered by Urban Survival BV within ten working days of receipt in original packaging, stating a copy of the relevant invoice and stating the reason for return.
7.2 If the items are unused and have been returned on time and correctly, Urban Survival BV will refund you the price paid, with the exception of the shipping costs and / or cash on delivery costs of the shipment, as soon as possible, but no later than 30 days after return receipt of the items.
7.3 If the items delivered by Urban Survival BV have not been returned within the "trial period" of article 7.1, the goods will be deemed to have been accepted by you without any objection.
7.4 The following are excluded from the right of return: batteries and accumulators; books, where the packaging has been opened; (articles with) software, where the packaging has been opened; lamps; built-up building components and parts, which had already been assembled; special orders, such as orders for spare parts, etc.
- Warranty
8.1 Urban Survival BV guarantees the quality of the items delivered by it for twelve months after delivery.
8.2 Warranty claims can only be submitted in writing to Urban Survival BV within 14 days of discovery of the defect, with a short description of the defect and with a copy of the invoice.
8.3 This guarantee means that if the conditions set out in 8.2 are met, Urban Survival BV will either repair or replace the article (at the discretion of Urban Survival BV) without you having to pay the costs. However, this warranty does not include additional costs, such as necessary (architectural, etc.) provisions made in the context of repair or replacement. If the item is older than 1 year and Urban Survival BV can no longer repair the item or no longer has the item in stock, Urban Survival BV offers you the possibility to purchase the replacement item at 50% of the cost price, or to receive 50% of the purchase price back.
8.4 This warranty does not apply if: the item or device is insufficiently protected against transport damage upon return; you have made changes to the item or device; there are defects that have arisen due to incorrect or improper use, such as failure to observe the corresponding instructions for use; the defect has arisen due to intent or gross negligence; there is an external calamity, such as lightning strikes, power outages, natural disasters, etc.; Urban Survival BV has not been given the opportunity (in time) to investigate the complaint and possibly repair the defect.
- Liability
9.1 The liability of Urban Survival BV with regard to the sale and delivery of articles is expressly limited to the warranty regulated under 8.
9.2 Urban Survival BV is not liable for (technical) advice provided by it, printing and typesetting errors on the website, technical data provided by suppliers or producers and unforeseeable and reasonably unverifiable poor quality of the products.
9.3 For the rest, any liability of Urban Survival BV is limited to the amount of the invoice sent in this regard.
- Trade restrictions
10.1 The Customer acknowledges and agrees that the delivery of the Goods and/or Services may be subject to trade restrictions.
10.2 Urban Survival BV reserves the right to carry out screenings and background checks with regard to the Customer prior to the delivery of the Goods and/or Services and at any time during the performance of the Contract and/or agreement. The Customer shall provide all assistance to Urban Survival BV that Urban Survival BV reasonably needs with regard to such checks.
10.3 The Customer is solely responsible for complying with the trade restrictions and will not do anything that will cause Urban Survival BV to be in violation. In particular, the Customer warrants and represents that he:
(a)does not own, and is not controlled or controlled by, any sanctioned party;
(b)use, sell, resell, export, re-export, transfer, distribute, dispose of, disclose or otherwise handle, directly or indirectly, the Goods and/or Services to:
(i) any country, territory or destination with which Urban Survival BV, as a matter of policy, does not do business, (including but not limited to Iran, Syria, Sudan, Cuba, Crimea & Sevastopol, Russia and North Korea, and any other territory subject to extensive trade restrictions from time to time);
(ii) any other territory from which the supply of the goods and/or services would be restricted or prohibited by trade restrictions (provided that Customer obtains all licenses and/or approvals required to make such supplies); or
(iii) a sanctioned party (or any party owned or controlled by a sanctioned party); and
(c)obtain and maintain all required export licenses or other governmental approvals and complete all formalities that may be required under trade restrictions to use, sell, resell, export, re-export, distribute, dispose of, disclose or otherwise handle the Goods and/or Services;
(d)will not use the Goods and/or Services, in whole or in part, in connection with the development, production, handling, operation, maintenance, storage, detection, identification or proliferation of chemical, biological or nuclear weapons or the development, production, maintenance or storage of missiles capable of carrying such weapons to their target, or for military end use in violation of any applicable embargo (including, but not limited to, EU, UK, OSCE and/or UN embargoes). In addition, the Customer shall not sell, resell, deliver, re-export, re-export, transfer, divert, distribute or dispose of the Goods and/or Services to any third party if the Customer knows or has reason to suspect that the Goods and/or Services are or may be intended for any of the purposes set forth in these Terms.
10.4 In addition to all other remedies available to Urban Survival BV, the Customer shall indemnify, hold harmless and hold harmless Urban Survival BV and its affiliates, officers and personnel (on the basis of full indemnification) against all direct or indirect liabilities, claims, demands, damages, losses or expenses (including legal and other professional advisor fees and disbursements), interest and penalties suffered or incurred as a result of a breach of these Terms 1. Urban Survival BV reserves the right to terminate the Contract and/or agreement immediately upon written notice and without penalty in the event of such a breach.
10.5 Urban Survival BV is not obliged to fulfil any obligation under the Contract and/or agreement and has the right to terminate the Contract and/or agreement, without being liable for any damages or costs, if it reasonably believes in its sole discretion that such full or partial performance would be contrary to any Restrictions on Trade (including, for the avoidance of doubt, if such a breach would result from delay in or refusal to grant a licence required by the Trade Restrictions).
10.6 Nothing in this Clause 10 obliges any party to act in any way in violation of any blocking or anti-boycott laws having jurisdiction over that party's activities, including (if applicable) the anti-sanctions law of the People's Republic of China.
- Disputes
11.1 These general terms and conditions are governed by Dutch law.
11.2 Disputes will be resolved as much as possible in mutual consultation. If that proves impossible, the Dutch court has jurisdiction and the court in the district where Urban Survival BV is located is competent, unless Urban Survival BV chooses the court of your place of residence or business.