General condition
Below you will find our Terms and Conditions. These always apply when you use or place an order through our Website and contain important information for you as a buyer. Therefore, please read the Terms and Conditions carefully. We further recommend that you save or print these terms and conditions so that you can read them again at a later time.
Definitions
1 Birdland International BV also trading under the name Lowland Outdoor: established in Maarsbergen and registered with the Chamber of Commerce under registration number 1096079 trading under the name Birdland International BV.
2 Website: the website of Birdland International BV, also trading under the name Lowland Outdoor, which can be accessed via www.lowlandoutdoor.nl and all related subdomains.
3 Customer: the natural person not acting in a professional or business capacity who enters into an agreement with Birdland International BV and/or has registered on the Website.
4 Agreement: any arrangement or agreement between Birdland International BV and the Customer, of which agreement the General Terms and Conditions form an integral part.
5 General Terms and Conditions: the General Terms and Conditions in question.
Applicability of General Terms and Conditions
1 All offers, agreements and deliveries of Birdland International BV are subject to the General Terms and Conditions, unless expressly agreed otherwise in writing.
2 If, in its order, confirmation or notice of acceptance, the Customer includes terms or conditions which differ from, or do not appear in, the General Terms and Conditions, these will only be binding for Birdland International BV if and insofar as they have been expressly accepted in writing by Birdland International BV.
3 In the event that specific product or service terms and conditions apply in addition to these General Terms and Conditions, those terms and conditions will also apply, but in the event of conflicting terms and conditions, the Customer may always rely on the applicable provision which is most favorable to it.Prices and Information
1 All prices stated on the Website and in other materials originating from Birdland International BV include VAT and other government levies.
2 If shipping costs are charged, this will be clearly stated in good time prior to the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3 The content of the Website has been compiled with the utmost care. However, Birdland International BV cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Birdland International BV are therefore subject to obvious programming and typing errors.
4 Birdland International BV cannot be held responsible for (color) deviations due to screen quality.
Realization of Agreement
1 The agreement is concluded at the moment the Customer accepts Birdland International BV's offer and meets the terms and conditions set by Birdland International BV.
2 If the Customer has accepted the offer electronically, Birdland International BV will confirm receipt of acceptance of the offer electronically without delay.
3 If it appears that incorrect information was provided by the Customer when accepting or otherwise entering into the Agreement, Birdland International BV has the right not to fulfill its obligation until the correct information has been received.
4 Birdland International BV may inform itself within legal frameworks whether the Customer can fulfill its payment obligations, as well as of all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, Birdland International BV has good grounds not to enter into the Agreement, it is entitled to refuse an order or application, while giving reasons, or to attach special conditions to its execution, such as payment in advance.
5 Birdland International BV has the right to refuse orders from customers acting in the exercise of their profession or business.
Registration
1 To make optimal use of the Website, Customer can register via the registration form/ account sign-up option on the Website.
2 During the registration process, Customer chooses a username and password with which he can log on to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
3 Customer must keep its login details its username and password strictly confidential. Birdland International BV is not liable for misuse of the login details and may always assume that a Customer who logs on to the Website is actually that Customer. Everything that happens through the Customer's account falls under the responsibility and risk of the Customer.
4 If the Customer knows or suspects that its login details have fallen into the hands of unauthorized persons, it must change its password as soon as possible and/or notify Birdland International BV, so that Birdland International BV can take appropriate measures.
Execution of Agreement
1 Once the order has been received by Birdland International BV, Birdland International BV will send the products as soon as possible, taking into account that stated in paragraph 3 of this Article.
2 Birdland International BV is entitled to engage third parties to carry out the obligations arising from the Agreement.
3 The Website will clearly state, in good time prior to the conclusion of the Agreement, the manner in which delivery will take place and the period within which the products will be delivered. If no delivery period is agreed or stated, products will in any case be delivered within 30 days.
4 If Birdland International BV is unable to deliver the products within the agreed term, it will notify the Customer. Customer can in that case agree to a new delivery date or he will be given the opportunity to dissolve the Agreement free of charge.
5 Birdland International BV recommends that the Customer inspects the products delivered and reports any defects found within 14 days, preferably in writing or by email. See further the Article on guarantee and conformity.
6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, is transferred to Customer. If expressly agreed otherwise, the risk shall pass to the Customer at an earlier stage. If Customer decides to collect the products, the risk will pass upon transfer of the products.
7 Birdland International BV is entitled to deliver a similar product of similar quality to the product ordered, if the product ordered is no longer available. The customer will then be entitled to dissolve the agreement and return the product free of charge.
8 Shipping costs will be charged for outlet offers.
Right of withdrawal
1 The customer has the right to rescind the remote agreement concluded with Birdland International BV within 14 calendar days after receipt of the product, without giving reasons. The period commences on the day after the Customer, or a third party previously designated by him, who is not the carrier, has received the product, or:
if Customer ordered several products in the same order: the day on which Customer, or a third party designated by him, received the last product.
if the delivery of a product consists of several shipments or parts: the day on which Customer, or a third party designated by him, received the last shipment or part;
in case of agreements for regular delivery of products during a certain period: the day on which Customer, or a third party designated by him, has received the first product.
2 Any costs paid by Customer for shipping and payment of the product to Customer will be refunded to Customer upon return of the entire order.
3 Within the withdrawal period referred to in paragraph 1, Customer shall handle the product and its packaging with care. Customer shall only open the packaging and use the product to the extent necessary to inspect the nature, characteristics and operation of products. The starting point here is that this inspection may not go any further than Customer would be able to do in a physical store.
4 Customer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond that permitted in the previous paragraph.
5 The Customer may dissolve the Agreement in accordance with paragraph 1 of the term set forth in this Article by sending the model withdrawal form (digitally) to Birdland International BV, or making it known to Birdland International BV in another unambiguous way that it is abandoning the purchase. In the case of a digital notification, Birdland International BV will confirm receipt of that notification. After dissolution, the Customer still has 14 days to return the product. It is also possible to return the product directly within the cooling-off period stated in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration of withdrawal is enclosed.
Products may be returned to:
Birdland International BV Ambachtsweg 14, 3953BZ Maarsbergen
6 Amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, but at the latest within 14 days after dissolution of the Agreement in the same way as Customer paid for the order. If Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Birdland International BV does not have to refund the additional costs for the more expensive method.
Unless Birdland International BV offers to collect the product itself, Birdland International BV may wait with refunding until Birdland International BV has received the product or until the Customer proves that he has returned the product, whichever is earlier.
7 Information about whether or not the right of withdrawal is applicable and any desired procedure will be clearly stated on the Website in good time before the Agreement is concluded.
Payment
1 The Customer must make payments to Birdland International BV in accordance with the payment methods specified in the ordering procedure and possibly on the Website. Birdland International BV is free in its choice of offering payment methods and these may also change from time to time. In case of payment after delivery, the Customer will have a term of payment of 14 days starting the day after delivery.
Warranty and conformity
1 Birdland International BV guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing at the date the agreement was made.
2 A guarantee provided by Birdland International BV, manufacturer or importer does not detract from the statutory rights and claims which the Customer already has and can invoke under the Agreement.
3 If the delivered product does not comply with the Agreement, the Customer must notify Birdland International BV within a reasonable period after discovering the defect.
4 If Birdland International BV considers the complaint justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation is equal to the price paid by the Customer over the product. This Article does not prevent a claim for any compensation.
Complaint procedure
1 If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of the service provided by Birdland International BV, the Customer can file a complaint with Birdland International BV by telephone, email or post. See the contact details at the bottom of the Terms and Conditions.
2 Birdland International BV will respond to the Customer's complaint as soon as possible, but in any case within 2 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Birdland International BV will confirm the receipt of the complaint within 2 days and give an indication of the period within which it expects to provide a substantive or definitive response to the Customer's complaint.
Personal data
Birdland International BV processes Customer's personal data in accordance with the privacy statement published on the Website.
Final Provisions
1 Dutch law applies to the Agreement.
2 Insofar as rules of mandatory law do not dictate otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Birdland International BV is located.
3 Should any provision in these Terms and Conditions prove to be null and void, this will not affect the validity of the Terms and Conditions as a whole. The parties will in that case determine (a) new provision(s) to replace it, which will, as far as is legally possible, embody the intention of the original provision.
4 In these General Conditions the term "in writing" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail has been sufficiently established.
Contact details
Should you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail.
Birdland International BV
Ambachtsweg 14
3953BZ Maarsbergen
tel 0343 431 600
lowlandoutdoor@gmail.com
Chamber of Commerce 1096079
VAT NL811029657B01