Terms & Conditions

Article 1. General

  1. These conditions apply to every purchase or service offered by www.bigbearaffair.com 

  2. If a situation arises between parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.

 

Article 2 Offers and Deals

  1. All quotations and offers from the User are without obligation, unless the offer contains a term for acceptance. A quotation or offer expires if the product to which the quotation or offer relates has become unavailable in the meantime

  2. The User cannot be held to its quotes or offers if the Other Party can reasonably understand that the quotes or offers, or any part thereof, contain an obvious mistake or error.

  3. The prices stated in a quote or offer include travel and accommodation, shipping and handling costs, unless stated otherwise. Import costs from your own country are not included.

  4. A composite quotation does not oblige User to perform part of the assignment against a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.

 

 

Article 3 Duration of the Contract, delivery, implementation and modification agreement; price

  1. The agreement between the User and the Other Party is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.

  2. User has the right to have certain work performed by third parties.

  3. User is entitled to execute the agreement in different phases and to invoice the thus executed part separately.

  4. If the agreement is executed in phases, the User can suspend the execution of those parts that belong to a subsequent phase until the Other Party has approved the results of the preceding phase in writing.

  5. If during the execution of the agreement it appears that it is necessary for a proper implementation to change or supplement it, then the parties will adjust the agreement in time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Other Party, of the competent authorities, etc., is changed and the agreement is thereby changed in qualitative and / or quantitative terms, this may have consequences. for what was originally agreed. As a result, the originally agreed amount can be increased or decreased. The User will make a quotation in advance as much as possible. By an amendment of the agreement, the originally specified term of execution can be changed. The Other Party accepts the possibility of changing the agreement, including the change in price and term of execution.

  6. User has the right to have certain work performed by third parties.

  7. If the Other Party should fail to properly comply with what it is obliged to the User, the Other Party is liable for all damage (including costs) on the part of the User that arises directly or indirectly.

  8. If the User agrees a certain price when concluding the agreement, the User is nevertheless entitled to increase the price under the following circumstances, even if the price was not originally stated with reservation.

  9. - If the price increase is the result of an amendment to the agreement;

  10. - if the price increase arises from a power vested in the User or an obligation on the User under the law;

  11. In other cases, this on the understanding that the Other Party that does not act in the exercise of a profession or business is entitled to dissolve the agreement by means of a written statement if the price increase exceeds 10% and takes place within three months after the conclusion of the agreement, unless User is then still willing to execute the agreement on the basis of the originally agreed, or if it is stipulated that delivery will take place more than three months after the purchase.

 Article 4 Suspension, dissolution and termination of the agreement

  1. If the Other Party cancels a placed order in whole or in part, the goods ordered or prepared for this, plus any delivery and delivery costs thereof and the working time reserved for the execution of the agreement, will be charged in full to the Other Party. .

  2. User is authorized to suspend the fulfillment of the obligations or to dissolve the agreement immediately and with immediate effect, if:

- the Other Party does not, not fully or timely fulfill the obligations under the agreement;

- after the conclusion of the agreement, the circumstances brought to the user's attention give good grounds to fear that the Other Party will not fulfill its obligations;

- the Other Party was requested when entering into the agreement to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient;

- If, due to the delay on the part of the Other Party, the User can no longer be required to fulfill the agreement under the originally agreed conditions, the User is entitled to dissolve the agreement.

- if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or that the maintenance of the agreement cannot reasonably be expected of the User.

  1. If the dissolution is attributable to the Other Party, the User is entitled to compensation for the damage, including the costs, thereby arising directly and indirectly.

  2. If the agreement is terminated prematurely by the User, the User will arrange for the transfer of work still to be performed to third parties in consultation with the Other Party. This unless the cancellation is attributable to the Other Party. Unless the premature termination is attributable to the User, the costs of transfer will be charged to the Other Party. The User will inform the Other Party as much as possible in advance with regard to the scope of these costs. The Other Party is obliged to pay these costs within the period stated by the User, unless the User indicates otherwise.

 

Article 5 Force Majeure

  1. User is not obliged to fulfill any obligation to the Other Party if he is hindered to do so as a result of a circumstance that is not due to fault, and is not at his expense under the law, a legal act or prevailing opinions.

  2. In these general terms and conditions, force majeure means, in addition to what is understood in this respect in law and case law, all external causes, foreseen or unforeseen, over which the User cannot exert influence, but as a result of which the User is unable to fulfill its obligations. . User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after User should have fulfilled his obligation.

  3. Force majeure is also, food in stuffed animals, animals that are rotten and can no longer be set up, damage when sending postal packages. We can calculate costs for this!

  4. During the period that the force majeure continues, the user can suspend the obligations under the agreement. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without obligation to pay compensation to the other party.

  5. If at the time of the occurrence of force majeure the User has in the meantime partially fulfilled his obligations under the agreement or will be able to fulfill them, and the part fulfilled or to be fulfilled has independent value, the User is entitled to separate the part already fulfilled or to be fulfilled. to invoice. The Other Party is obliged to pay this invoice as if it were a separate agreement.

 

Article 6 Payment and collection costs

  1. Payment must always be made within 8 days of the invoice date, in a manner to be indicated by the User in the currency in which the invoice was made, unless stated otherwise in writing by the User. User is entitled to invoice periodically.

  2. Upon payment, the Other Party agrees to the transfer and the conditions and is then responsible for the rings and / or papers (CITES) and for the "stuffed" animals that the Other Party purchases. No claim can be made for any damage, loss, control, violation, etc. It is also the responsibility of the Other Party that the preparation "moth" and "insect" remains free.

  3. Objections to the amount of an invoice do not suspend the payment obligation.

  4. If the Other Party fails to pay an invoice on time, the Other Party will be in default by operation of law. The Other Party will then owe interest. In the case of consumer purchase, the interest is equal to the statutory interest. In other cases, the Other Party owes an interest of 7% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the due and payable amount will be calculated from the moment that the Other Party is in default until the moment of payment of the full amount due.

  5. If the Other Party is in default or omission in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party.

 

Article 7 guarantees, returns, research and advertising

  1. Preparation is at the expense and risk of the client. In case of damage, hair loss, rotting, failure, decay etc. no compensation claims are accepted. The client indemnifies us against claims from third parties and is liable for the costs already incurred by us.

  2. The goods to be delivered by the User meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended for normal use in the Netherlands. The warranty mentioned in this article applies to items that are intended for use within the Netherlands. When used outside the Netherlands, the Other Party itself must verify whether its use is suitable for use there and whether it meets the conditions set for it. In that case, the user may impose other warranty and other conditions with regard to the goods to be delivered or the work to be performed.

  3. It is up to the buyer to examine the import requirements of his country. Claims or return reports arising from the non-fulfillment of this obligation will not be accepted.

  4. The warranty period is 7 days after delivery. After the warranty period, all costs for repair, replacement or replacement, including administration, shipping and call-out costs, will be charged to the Other Party.

  5. Any form of warranty lapses if a defect has arisen as a result of or resulting from improper or improper use of it or use after the expiry dates, incorrect storage or maintenance thereof by the Other Party and / or by third parties when, without written permission from the User, the Other Party or third parties have made changes or attempted to make changes to the item, other items have been attached to it that should not be attached to them or if they have been processed or processed in a manner other than the prescribed manner. The Counterparty is also not entitled to warranty if the defect is caused by or is the result of circumstances over which the User cannot influence, including weather conditions (such as, for example, but not limited to, extreme rainfall or temperatures), etc.

  6. The Other Party is obliged to examine the delivered goods or have them inspected immediately at the moment that the goods are made available to it or the relevant work has been carried out. In doing so, the Other Party must examine whether the quality and / or quantity of the delivered goods corresponds with what has been agreed and meets the requirements that the parties have agreed in this regard.

  7. If the Other Party complains in time, this does not suspend its payment obligation.

  8. If a defect is reported later, the Other Party will no longer be entitled to repair, replacement or compensation.

  9. Custom made products cannot be exchanged or returned

  10. The items that are returned must arrive in good condition. If this is not the case, the right to replacement or refund lapses.

  11. In case of return, the shipping costs are for the account of the customer.

 

Article 8  Liability

  1. The User is not liable for damage, of whatever nature, caused by the User assuming incorrect and / or incomplete information provided by or on behalf of the Other Party.

  2. User is only liable for direct damage. 

  3. If User is liable for any damage, then User's liability is limited to a maximum of the invoice value of the order, at least to that part of the order to which the liability relates.

  4. User is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business or other stagnation. In the case of consumer purchase, this limitation does not go beyond that which is permitted under Section 7:24 (2) of the Dutch Civil Code. 

  5. Point 4 also applies to damage to stuffed animals by moths, museum beetles, mold, carpet beetles. etc.

 

Article 9 Ownership

  1. All goods remain the property of www.bigbearaffair.com until payment is made.

 

Article 10 Limitation period

  1. Contrary to the statutory limitation periods, the limitation period of all claims and defenses against the User and the third parties involved by the User in the performance of an agreement is one year.

 

Article 11 Indemnification

  1. The Other Party indemnifies the User against any claims from third parties that suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than the User.

 

Article 12 Transfer of Risk

  1. The risk of loss, damage or depreciation is transferred to the Other Party at the moment when goods are paid for.

 

Article 13 Intellectual property

  1. Photos of the user are protected by copyright. If our photos are used by third parties without the written permission of the user, a fine of € 1000 per day will be charged.

  2. User reserves the rights and powers that it has under the Copyright Act and other intellectual laws and regulations. User has the right to use the knowledge gained by the execution of an agreement for other purposes as well, insofar as no strictly confidential information of the Other Party is brought to the notice of third parties.

 

Article 14 Applicable law and disputes

  1. Dutch law applies at all times and for all transactions

  2. Costs for a possible lawsuit will at all times be borne by the customer. Even when the judgment is in his favor.

 

Article 15 and alteration conditions

  1. The most recently filed version or the version that applied at the time of the establishment of the legal relationship with the User is always applicable. Only the most recent version of these terms can be found at www.bigbearaffair.com

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