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General Terms and Conditions Underground Fetish B.V.
No small print for our Terms of Sale!



Article 1. Definitions
1.1 All offers, orders and agreements by Underground Fetish b.v. (hereafter: Underground Fetish) are governed by these General Terms of Sale (hereafter: General Terms). Any and all other terms contrary to these General Terms are excluded.
1.2 By accepting an offer, or placing an order with Underground Fetish you agree to abide by these General Terms.
1.3 Any conditions contrary to the present General Terms will not be applicable, unless specifically accepted in writing, in which case all other Terms of Sales remain fully applicable.
1.4 All rights and liabilities and any future agreements in and on behalf of Underground Fetish, as stipulated in these General Terms, are also applicable to intermediaries and third parties called in by and on behalf of Gays& Gadgets.


Article 2. Offers/Agreements
2.1 All offers by Underground Fetish are free of obligation and Underground Fetish expressly reserves all rights to modify prices, in particular when required on the basis of (legal) regulation. See article 3.6.
2.2 An agreement comes into effect only after acceptance of your order by Underground Fetish. Underground Fetish reserves all rights to refuse an order or restrict the order to special terms and conditions, unless otherwise stipulated. Should an order not be accepted Underground Fetish will inform you within ten (10) working days after receipt of the order.
2.3 A number of products offered (such as DVD's) are classified by age category. By ordering such products you state you are of the stated age limit.


Article 3. Prices and payments
3.1 All prices mentioned for the products and services offered are in Euros (€) and include 19% VAT. Handling and shipping fees are excluded, as are any possible sales taxes and other taxes, unless stated elsewhere or specifically agreed to in writing.
3.2 Payments are accepted in accordance to one of the methods indicated during the ordering process. Your order may be subject to additional general terms (payment/ordering).
3.3 Should prices for the products and services on offer be subject to an increase in price during the period of ordering and execution thereof, you are entitle to cancel the agreement within ten (10) days after Underground Fetish has announced the increase in price.


Article 4. Delivery
4.1 Underground Fetish aims to dispatch the order as soon as possible yet within thirty (30) days of receiving the order, unless otherwise stated by Underground Fetish. If for any reason dispatch cannot take place within thirty (30) days you will be notified within one month of ordering and given the option of cancelling the order without charge by informing Underground Fetish to that effect in writing. You shall not be entitled to damages because of late delivery.
4.2 Delivery comes into effect at such time that you (or someone on your behalf) has taken possession of the product.


Article 5 Ownership conditions
5.1 The transfer of ownership of the products delivered does not come into effect until payment in full has been made for any agreement between you and Underground Fetish. The product risk goes over to you from the moment the product is delivered.


Article 6. Intellectual and industrial rights of ownership
6.1 You fully and unconditionally respect any and all intellectual and industrial ownership rights on the products delivered by Underground Fetish.
6.2 Underground Fetish does not guarantee that the products delivered to you do not in any way infringe on any (unwritten) intellectual and/or industrial ownership rights of third parties.


Article 7. Claims and liability
7.1 You are obliged to inspect the product promptly and accurately on delivery. Possible defects should be reported to Underground Fetish in writing within two (2) months after the defect has been detected.
7.2 Should it be established that the product does not comply with the Terms of Sales Underground Fetish has the option, after the product in question has been returned, to replace the product by a new product, or reimburse the invoiced price plus the costs paid for shipping.
7.3 Should you, for whatever reason, decide not to want to keep the product you have the right to return the product to Underground Fetish within seven (7) working days after delivery and terminate the agreement. Should this be the case return shipments will only then be accepted when the packaging of the product is not damaged in any way without any seals or wrapping unbroken. The costs will be reimbursed within thirty (30) days after cancellation of the agreement. You carry the costs involved in the returning of the shipment.


Article 8. Orders/communication
8.1 Underground Fetish is not liable for any miscommunications, mutilation or inaccurately received orders and announcements resulting from the use of Internet or any other means of communication you might have with Underground Fetish, or those between Underground Fetish and third parties, in as far as they bear any relation to you and Underground Fetish, unless Underground Fetish is proven guilty of gross negligence.


Article 9. Force Majeure
9.1 The terms of Force Majeure refers to unforeseen causes beyond Underground Fetish reasonable control, which intentionally, partially or fully keep Underground Fetish from observing her liability to you. In this instance Underground Fetish has the right to delay the processing of your order or agreement without legal intervention by informing you in writing. Any and all such acts exempt Underground Fetish from any damages, unless the given circumstances are deemed to be reasonable and fair.
9.2 Force Majeure in relation to the execution of the agreement cannot be attributed to Underground Fetish when said party cannot be deemed responsible for them in accordance with the law, the agreement according to the generally accepted standards.


Article 10. General
10.1 In case you submit your address in writing to Underground Fetish, Underground Fetish has the right to ship all orders to that address, unless you submit another address for delivery in writing to Underground Fetish.
10.2 Should Underground Fetish be allowed any contravention to these Terms of Sales, be it for a shorter or longer period, such shall not impede the right of Underground Fetish to demand that the regulations of these Terms of Sales are observed to the letter of the word. In no instance can you exert your legal right on the grounds that Underground Fetish is lenient in applying the rules of these Terms of Sales.
10.3 Should one or more of the articles in these Terms of Sales, or any other agreement with Underground Fetish, be in breach of the section of the law applicable to the articles in these Terms of Sales, Underground Fetish will substitute the article in question by another article in compliance with the section of the law applicable to that article.
10.4 In order to process your order(s) Underground Fetish is authorized to involve third parties.


Article 11 Applicable law
11.1 The Dutch law is applicable to all obligations, offers, orders and agreements that are governed by these Terms of Sales, including these Terms of Sales.
11.2 Any possible consequential disputes between parties shall be exclusively offered to the competent court in The Netherlands.

 

Underground Fetish b.v.
Spuistraat 44
1012 TV  Amsterdam
P.O. Box 17402
1001 JK  Amsterdam
+31 (0)20 3303337
Chamber of Commerce registration nr. 34230173
VAT nr. NL814759051B01