Terms and Conditions.
Article 1: General.
Blacktail is part of Seal Group B.V. hereinafter referred to as ‘Seal Group’. Our General Terms of Delivery (hereafter: ‘Conditions’) apply to all offers, orders and contracts of Seal Group. Accepting an offer or placing an order means that the contracting party accepts the applicability of these Terms and Conditions. The provisions of these Conditions can only be deviated from after written notification or written approval by Seal Group. The remaining provisions will then remain in full force. All rights and claims, as in these Conditions, and in any further agreements for the benefit of Seal Group are stipulated and are also stipulated for the benefit of intermediaries and other third parties engaged by Seal Group. These conditions respect the rights of the consumer arising from the law (or the sales agreement).
Article 2: Offers / agreements.
All offers from Seal Group are without obligation and Seal Group expressly reserves the right to change prices, especially when this is required on the basis of (legal) regulations. An agreement is only concluded after acceptance of the order by Seal Group. Seal Group is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly provided otherwise. If an order is not accepted, Seal Group will notify this within a short time after receipt of the order.
Article 3: Prices and payments.
The prices listed for the products and services offered are in Euros, including VAT and excluding shipping costs, any taxes or other charges, unless otherwise stated or agreed in writing. The costs of judicial and extrajudicial collection are at the expense of the contracting party. The extrajudicial collection costs are calculated on the basis of the collection rate of the Netherlands Bar Association. To the extent that a contracting party does not strictly comply with any payment and / or other obligations towards Seal Group, as well as when the contracting party applies for a moratorium or if a third party applies for bankruptcy or the contracting party makes a request under the WSNP or for sale or liquidation of his business or if a substantial part of the goods belonging to him is seized, Seal Group has the right to suspend and / or dissolve deliveries or to perform work or other performances, without prejudice to Seal Group’s right to fulfilment or compensation. In addition, Seal Group can demand immediate payment in advance without any written notice of default if one of the above-mentioned circumstances occurs. If the prices for the offered products and services increase in the period between the order and the execution thereof, the contracting party is entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by Seal Group.
Article 4: Delivery.
If a payment for an order has been received, the items will be delivered as soon as possible, provided that they are in stock. If an item is not available, the customer is contacted and the order may be cancelled if desired. If in that case the order has already been paid, the amount will be returned to the account of the contracting party within a few days. Seal Group maintains a maximum delivery period of 30 days. If the ordered products are not delivered within 30 days, the contracting party has the option to terminate the purchase agreement. The delivery times specified by Seal Group are only indicative. Exceeding any delivery term does not entitle the contracting party to compensation. The delivery of the products takes place at the place and time at which the products are ready for shipment to the contracting party. Seal Group is entitled to fulfil the delivery in parts. The additional costs of the subsequent delivery are borne by Seal Group. If the contracting party wants to exchange products, this must be reported in writing (by email or letter) within 7 days and the product (in original, complete and undamaged packaging) must be returned undamaged, complete and unused. In addition, the contracting party bears the costs and the risk of the return shipment. Products can only be returned after consultation with Seal Group. If the contracting party sends items back, without having made this known to Seal Group in advance and without having received permission in advance, Seal Group is not obliged to accept the return, or to refund money. Items of which the seal of quality has been broken will not be taken back by Seal Group. If the contracting party has already made any payment, Seal Group will refund this payment within 14 days after receipt of the returned. Seal Group will only reimburse the purchase price of the product less the shipping costs incurred.
Article 5: Delivery.
The contracting party always contributes to the shipping costs if the order size is less than € 50, – including VAT. The amount of the shipping costs is therefore the same for all orders. These will be mentioned during the checkout in the online shop.
Article 6: Reservation of ownership.
As long as the contracting party has not paid the full-agreed price, Seal Group retains ownership of the goods delivered and to be delivered. Insofar as an agreement consists of the delivery of goods on the one hand and the performance of activities on the other hand, Seal Group retains the title to the goods until the time at which both the price for the delivered goods and the work performed have been paid. Seal Group also holds the ownership of items to be delivered in connection with the agreement relating to claims for shortcomings in the fulfilment of an obligation by the other party from the agreement, including but not limited to claims for compensation and interest. Insofar as a circumstance as referred to in Article 3 occurs, Seal Group is entitled, without notice of default being required, to pick up the items that remained the property of Seal Group or have them collected from their location. Insofar as Seal Group has retrieved the goods, it is entitled to keep the items in its possession until the due, including interest and costs and compensation, have been paid in full or the agreement has been dissolved. As long as the ownership of the goods sold by Seal Group has not yet been transferred to a contracting party, the contracting party is obliged to store the items separately and with due care. As long as the property has not yet been transferred to the contracting party, the latter is obliged to insure these goods against damage. At the first request of Seal Group, the contracting party is obliged to provide the policy for inspection by Seal Group.
Article 7: Intellectual and industrial property rights.
The contracting party must fully and unconditionally respect all intellectual and industrial property rights attached to the products delivered by Seal Group. Seal Group does not guarantee that the products delivered to the contracting party do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.
Article 8: Complaints and liability
The contracting party has the obligation to examine at delivery whether the products meet the agreement. If this is not the case, the contracting party Seal Group must as soon as possible and in any case within two (2) working days after the delivery, at least after reasonably possible observation, contact firstname.lastname@example.org. If a product shows a defect, the manufacturer / importer will determine whether the product will be repaired or replaced. If it is plausible that the defect and risk is due to the account of the contracting, the product will be repaired / replaced, in consultation, by the contracting party. The risk during the transport of the product ordered by the contracting party is for Seal Group. At the time of delivery of the product, the risk of the product passes to the contracting party, except for the liabilities that cannot legally be excluded by Seal Group.
Article 9: Orders / Communication.
For misunderstanding, disfigurements, delays or inadequate transmission of order data and announcements as a result of the use of the Internet or any other means of communication in the communication between the contracting party and Seal Group or between Seal Group and third parties, insofar as they relate to the relationship between the contracting party and Seal Group, Seal Group is not liable, unless and insofar as there is intent or gross negligence by Seal Group.
Article 10: Personal data.
Personal information provided to us by the contracting party will always be treated with the utmost confidentiality. All details entered in the order form are considered as personal data. Seal Group will use the personal data of the contracting party to fulfil the agreement. The data are not made available to third parties
Article 11: Force majeure.
Without prejudice to the other rights to which it is entitled, in the event of force majeure Seal Group has the right, at its own discretion, to suspend the execution of the order or to dissolve the agreement without judicial intervention, such by informing the contracting party of this in writing and without Seal Group being obliged to pay any compensation, unless this would be unacceptable in the circumstances to the standards of reasonableness and fairness. Force majeure means any shortcoming that cannot be attributed to Seal Group because it is not due to its fault and not under the law, legal act or generally accepted for its account.
Article 12: Miscellaneous.
If the contracting party gives Seal Group a written notice of an address, Seal Group is entitled to send all orders to that address, unless the contracting party gives Seal Group a written notice of another address to which orders must be sent. If Seal Group permits deviations from these Conditions for a short or longer period of time, tacitly or otherwise, this shall not affect its right to demand immediate and strict compliance with these Conditions. The contracting party can never assert any right on the grounds that Seal Group applies these Conditions smoothly. If one or more of the provisions of these Terms and Conditions or any other agreement with Seal Group should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible comparable provision by Seal Group. Seal Group is authorised to use third parties in the execution of order (s).
Article 13: Choice of law.
All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are governed exclusively by Dutch law. All disputes between parties will be submitted exclusively to the competent court in the Netherlands.