Conditions of Use

1 Application 1.1 Conditions of use of Xtra-Shop, situated in Maastricht (The Netherlands). Address business : PB Box 5568 6202 XB Maastricht The Netherlands Private Address : Jacques Lebel 8 6245 PD Eijsden The Netherlands Phone : +31(0)6 55122495 only dutch and french KvK number 14088546 (number of enrolment to the chamber of commerce from Maastricht ) VAT NL1117.69.826.B01 (Taxenumber) These conditions of use are applicable to every offers made on the Xtra-Shop site and has all orders made with Xtra-Shop . 1.2 The internet site Xtra-Shop relates to initially the European market . For all demands outside of Europe, you must first contact us before placing an order . 1.3 In certain cases it is possible to deviate from that what is written (solely in writing) in conditions of use after common agreement between you , the customer and Xtra-Shop . 1.4 Only the conditions of use from Xtra-Shop are valid . 1.5 In conditions of use, the term of (delivery of) products also understand the execution of services and all other tasks . 1.6 The term "Customer" defines any person who has a contractual relation with Xtra-Shop : by request of purchase or conclusion of purchase or all other type of contract, being understood that this one is the one that makes the order and that pays (before delivery) . 2 Promotions and acceptance of purchases 2.1 Promotions and prices on the internet site are an invitation to the potential customers to make an offer or purchase. The alone purchase offer doesn ’t constitute a contractual tie with Xtra-Shop . This one won’t become a contract between the customer and Xtra-Shop that if conditions mentioned in the article 2.3 are respected . 2.2 Xtra-Shop don’t guarantee the strict exactitude of the data on the site. The manufacturers of the market products can change one or several elements in these. Prices can them also to vary according to several different parameters . 2.3 An offer of purchase of the customer is only valid for Xtra-Shop, that once the form of order entirely fills and received by Xtra-Shop. The trade agreement, is valid for him then when Xtra-Shop confirm the received request for purchase . 2.4 All agreements and/or engagements between Xtra-Shop and the customer are only valid themselves if they are achieved by a representative allowed by Xtra-Shop and in writing solely . 2.5 The filled out order form is sent to Xtra-Shop and is followed by the agreement by electronic mail . 2.6 The contract between the customer and Xtra-Shop is only concluded when the order form is valid and that all conditions are met . 3 Price 3.1 All prices are in Euro, taxes included but without cost of delivery . 3.2 The choice of packing of the parcel is the unique responsibility of Xtra-Shop . The packing will not be taken back by us , unless otherwise agreed upon . 3.3 Prices taken in account for the order are those in force at the time of the order considering several parameters currency rate, price of manufacturers ,prices of packing materials, raw materials, wages, shipping and handling as well as unforeseen costs and all other taxes imposed by European Community and/or by the customer’s state. 3.4 In case of incorrect pricing on the site or order confirmation, for various reasons, Xtra-Shop books itself the right to ask for the regulation of the difference to the customer in the case of an amount in disfavour of Xtra-Shop and the same customer can annul his/her/its order then (solely in writing) and should return the delivered products then (if the case arises) . In the case where the difference between the paid amount and the real amount would be in favour of the customer, Xtra-Shop commits to give him a to have to be worth on the next order . 4 Payment 4.1 Possibilities of payment : - Payment before sending as soon as the complete amount of money is on the account of Xtra-Shop we send your order. - By Paypal with your credit card ( Visa ,American Express , Mastercard , Discover ). 5 Delivery and delivery time 5.1 By default ,Xtra-Shop achieves consignments with acknowledgment (rate indicated in Delivery & Return). If the customer wants a simple consignment (without acknowledgment), he must indicate this on the order form and the consignment will be made of this manner to his/her/its risks . 5.2 The times to indicate (form of order sent and confirmation of Xtra-Shop carried out before 13h00 one day wrought and delivery the following day) are valid only for the delivery in the Netherlands. For these last , the delivery date at the following day cannot be guaranteed except if this requirement is envisaged in writing by the custome . 5.3 Delivery times indicated on the site enter in force solely when the order form filled out is received by Xtra-Shop ,the electronic mail of confirmation messenger by Xtra-Shop and, in case of delivery out of the Netherlands, that the amount of the order is received . 5.4 As soon as the order is delivered to the address of delivery of the client ,the order is considered like accepted and the delay of retraction of the order runs from this day. If the order is presented without success to the indicated address, the delay of recantation begins the day of receipt of the packet to the postal service . 5.5 The customer can ask for the delivery by different shares (packet) of a same order, solely after agreement with Xtra-Shop and definition and payment of a possible surplus in costs . 5.6 If the customer is not satisfied with his/her/its order, he can use his/her/its right of retraction within 7 (seven) days from the date of receipt of the order (to see article 5.4) and he should return the order then in question with products in their packing of origin non opened and while joining the invoice inevitably . 5.7 In the case where an order returned to Xtra-Shop as mentioned in the article 5.6, Xtra-Shop commits to repay the amount of the order while deducting expenses of delivery of the order back after control of the packet . 5.8 Xtra-Shop guarantee the control of orders returned 15 days at the latest after receipt of the packet . 5.9 Xtra-Shop recall that all product of which the packing of origin was either open damaged of some way that it is not taken, nor changed, nor repaid . 5.10 Once the time of recantation run out, the customer keeps the order without possibility of changing opinion . 6 Property of the product 6.1 The property of the or products of the order, once the payment received by Xtra-Shop, once the receipt of the order done, once the disposed of recantation delay or products used before this delay, granting of full right to the customer . 6.2 So much that the customer doesn’t have the whole property of one or products of an order again (to see article 6.1 on the definition of the property) client , doesn’t have the right to resell or to deliver this or these products . 6.3 The customer commits to not to modify the nature, the composition of products bought by him at Xtra-Shop. In case of failure to respect of this clause Xtra-Shop books himself the right to start legal pursuits . 7 General obligations and responsibility 7.1 The customer himself is responsible for the choice, use and the application of products or other delivered by Xtra-Shop . 7.2 Just in case the property of the or products are not acquired again to the customer, the customer commits has preserve this one or these in the normal conditions of conservation . 7.3 The customer is held to control with the reception of the order the ordered products. If a part of this order missing or is damaged, the customer must contact directly in writing or by electronic mail Xtra-Shop . 8 Intellectual property 8.1 All rights of the intellectual property for products that are proposed you on site internet Xtra-Shop belong to Xtra-Shop and suppliers of Xtra-Shop for these products. Under the term intellectual property it is necessary to understand the , rights concessions of authors , drawing or logo of ,trade mark and also the right of data base and topography if it is the case in products or works delivered by the client of Xtra-Shop , but also all other property intellectual of order technical commercial and / or , method and concept. 8.2 The customer doesn’t have any right to copy a product nor a part or an element of a product bought by the client of Xtra-Shop. He/it doesn’t also have the right to use otherwise that writes Xtra-Shop for use deprived this or these products without the agreement . 8.3 The customer doesn’t have the right to use the Xtra-Shop mark otherwise that with the or products of Xtra-Shop . 8.4 Xtra-Shop declare to know how to make no attack either to rights of property intellectual of other people enterprises according to the in force Dutch laws. In the case of a procedure because of the failure to respect of laws in question or a possibility of , Xtra-Shop procedure can , we have the right to withdraw or to change the product or the mark , either to get the right to continue has use mark and/or produces, either also to stop the contract definitely or in part with repayment of the product delivered to the customer . 8.5 The customer or all other person must immediately warn in writing Xtra Shop ,if he thinks that use and/or blows it of certain products by Xtra-Shop is a breach to rights of property according to the Dutch laws in question on the intellectual property . 8.6 Xtra-Shop don’t accept any responsibility for all violations of articles 8.3 and 8.4 ,sis the violation is owed to the fact that the customer changed modified the product either without the agreement writes of Xtra-Shop and/or the supplier of the product incriminated . 9 Responsibility 9.1 Apart from the obligations for the guarantee, Xtra-Shop are ever obliged to pay damages with the customer or others, except if it is proven that it is a serious fault made by Xtra-Shop. Xtra-Shop is not responsible for the consequences and/or direct and indirect damage, of the loss of benefit and the property damages, of the direct or indirect damage for the purchaser related to the delivery (for example lack of delivery). 9.3 Xtra-Shop are not also responsible for all damage caused by problems temporary of means to achieve orders nor by the temporary impossibility of access to the Xtra-Shop site for some technical reasons that it is, nor by the definitive stop of the Xtra-Shop site for some reasons that it is . 9.4 The customer is held not to act so that Xtra-Shop can be the object of pursuits, so such was the case, Xtra-Shop books himself the right to make pay for expenses of procedure to the customer . 9.5 Xtra-Shop don’t accept any responsibility on information that is given with products that are delivered by him, nor presented on the site. Xtra-Shop accepts also no responsibility in writing about advices and answers data or by telephone by Xtra-Shop , except himself he is proven that it is a serious mistake . 10 Cases of absolute necessity 10.1 In the case where Xtra-Shop cannot fill his/her/its obligations because of case of absolute necessity ,the obligations of Xtra-Shop are repulsed for an indeterminate period . 10.2 If this situation lasts 14 days client ,le and also Xtra-Shops have the right to break completely or in part the contract, but writes solely not and it without no right of damages and interests or other compensations the 15th (fifteenth) day . 10.3 Under the term of cause beyond control of Xtra-Shop ,it is necessary to include/understand all independent situations of the will of Xtra-Shop that prevent Xtra-Shop to fill his/her/its liabilities completely or partially towards the customer, even though risks were foreseen at the time of the agreement. In risks it is necessary to understand strikes, blockages or the immobilization or all other problem bound to the production of products at Xtra-Shop and/or his/her/its suppliers as well as the administrative measures and the lack of authorization . 10.4 Parties must inquire on time briefest (if possible) of a case of absolute necessity . 11 Data personal 11.1 Xtra-Shop are by the way informed of the law of the data protection personal. More of information lira the Confidentiality of Xtra-Shop . 12 Law in force and treats 12.1 On offers and other contracts, the Dutch jurisdiction is alone in force . 12.2 The draft of Vienna is not in force . 13 Different et/or conflict 13.1 All differences there are, dependent or not of promotion, contract and delivery can only be pleaded in Dutch jurisdiction ,only if the law requires another jurisdiction. Xtra-Shop is registered with the register of chamber of commerce of Maastricht (The Netherlands) under the number: 14088546