1.1 All offers, orders and agreements with Fairbow exclude any other conditions and Fairbows terms and conditions apply.
2.1 These general conditions apply to all legal relations in which Fairbow as a supplier of products.
2.2 Accepting an offer or placing an order implies that you accept the applicability of these conditions.
3.1 Offers are subject to availability of products. Fairbow retains the right instead of the product ordered to ship a similar product or to terminate the agreement.
3.2 Fairbow expressly reserves the right to adjust the prices, especially when based on (legal) regulations. See also Article 5.3.
3.3 After exceeding the closing of an offer or an offer period, the buyer can not use the action or offer.
4.1 The purchase agreement between buyer and Fairbow came about when the trial period of 7 days after receiving the order has expired, or when the ordered product is used or damaged.
4.2 A contract is only concluded after acceptance of your order by Fairbow. Fairbow reserves the right to refuse certain conditions to the delivery, unless otherwise specified. If an order is not accepted, Fairbow will inform of this within ten (10) days after receipt of the order.
5. Price and delivery
5.1 All prices are including local VAT / BTW for Europe, unless otherwise agreed, exclusive of other taxes which are imposed by the government as well as possible under the contract costs, including shipping, storage and / or administration. If the buyer is not in the country from where the shipping happens, the buyer is liable for any VAT or import duties.
5.2 Prices include standard packing and exclusive of freight, unless otherwise agreed.
5.3 If the prices of the products and services increase in the period of the order and its implementation, you are entitled to cancel the order or the agreement within ten (10) days after notice of the increase by Fairbow.
5.4 Fairbow can not be held responsible for differences in prices, images and texts.
5.5 All deliveries are EXW (ex works / sales / warehouse), unless otherwise agreed.
5.6 Fairbow reserves the right to divide your order in more than one shipment to deliver.
5.7 When ordering Fairbow supplies within seven (7) business days after order confirmation at the specified delivery address, if in stock and if paid.
5.8 The above delivery times are indicative and not a deadline. Fairbow is never liable for damage caused by exceeding delivery times. The maximum delivery time will amount to 30 weeks unless otherwise agreed.
5.9 Fairbow ensures delivery by mail, courier or otherwise at the discretion of Fairbow.
5.10 The ownership of goods passes to buyer upon delivery if products have been paid.
5.11 The purchaser is obliged to take the purchased goods the moment that these are to be handed to him, if buyer refuses or fails to provide information or instructions necessary for the delivery, the products intended for delivery are to be stored at the risk of the buyer. The buyer will then owe all additional costs.
6. Intellectual and Industrial Property Rights
6.1 All intellectual and industrial property rights are attached to the Fairbow products delivered unconditionally.
6.2 Fairbow does not guarantee that the delivered products do not infringe any (unwritten) intellectual or industrial property rights of third parties.
6.3 All intellectual property rights relating to the site Fairbow, including software, text, images and sounds are owned by the Fairbow and / or those from whom we have obtained a license. This means, that it is not permitted without our permission to publish, reproduce and / or edit, except for personal use. From any sites mentioning Fairbows information
7. Shipping products
7.1 All prices of products on sites Fairbow + postage (at current rates).
8 Secure payment
8.1 All payment transactions are done in privacy and within secure surroundings by third party paument providers.
9. Returning products
9.1 Products that you bought through Fairbow, can without any reason within fourteen days upon receipt be returned, if the purchase was not used, in the original packaging and condition. The buyer may within fourteen (14) working days after order revoke his order, without payment of a penalty and without giving any reason. Provided sufficient postage.The buyer also has the option to get a refund for the order amount, if already paid. To do this , you have to contact Fairbow within seven (7) days of receipt at the delivery address.
9.2 When a product has received an error, it will be exchanged by Fairbow for the exact same product, provided the purchase was not used, and in the original packaging. Unless the product is out of stock or "end of life". The buyer is entitled to a refund of order amount, if already paid. To do this , you have to contact Fairbow within seven (7) days of receipt at the delivery address.
9.3 When you place and order, and another product was received, it will be exchanged for free by Fairbow provided the purchase was not used, and in the original packaging. Unless the product is out of stock or "end of life". The buyer is entitled to a refund of order amount, if already paid. To do this , you have to contact Fairbow within seven (7) days of receipt at the delivery address.
9.4 Where under any of the above product may be returned, the amount will be paid to you within fourteen (14) days into your bank or giro account. You should always contact Fairbow.
9.5 If the above deadlines are not respected by the purchaser, the above rights of the buyer will expire.
10. Complaints, duty to investigate, prescription and compliance
10.1 Complaints concerning non-receipt of the order shall, within seven (7) days after receipt of the invoice be done.
10.2 Complaints regarding defects in the product must be in writing and as soon as possible, but no later than seven (7) days of receipt at the delivery address or - in case of no visible defects - within twenty (21) days after the problem could reasonably be found .
10.3 You are obliged upon delivery to check if the products meet the agreement. If this is not the case, you should contact Fairbow as soon as possible and in any event within seven (7) days after delivery, at least supplu a reasonably accurate description after observation, in sufficient detail. If it is demonstrated that the products do not meet the agreement, you can choose the products on their return to be replaced by new products or to get a refund for the invoice value. If you have a product for that , for whatever reason,you do not wish to purchase, you have the right to return the product within seven (7) days after delivery, to Fairbow. Returns are only accepted if the product is undamaged. Returning products is at your expense.
11.1 Fairbow accepts no liability for damages resulting from or relating to the implementation of this agreement or the delivery of goods, except if and insofar as the damage has arisen from its own acts or omissions of Fairbow, made either with intent to cause, or recklessly and with knowledge that damage would probably result.
12. Governing Law and Jurisdiction
12.1 All legal relationships between the buyer and Fairbow Dutch law.
12.2 All disputes which may arise as a result of this agreement or further agreements that might result from it will be settled in accordance with the Rules of the Dutch Arbitration Institute or, if Fairbow so chooses, the competent court of the place or location of the buyer or Fairbow. The proceedings will be conducted in Dutch. The arbitral tribunal shall apply rules of law.
13. Dutch text prevails
13.1 The Dutch text of these general conditions shall prevail over any translation thereof.
14.1 Legal provisions relating to the protection of personal data as defined in the Data Protection Act, will be observed by Fairbow.
14.2 The data provided by the buyer will be stored either in hardcopy or in a file. This information will be used to implement the order of the buyer and still be retained as long as necessary for dealing with any complaints arising from the execution of the order. No data is willfully supplied to third parties.
15.1 If you are supplying Fairbow an address, Fairbow is entitled to use that address to send all orders, unless you have notified Fairbow in writing of another address to which orders should be sent.
15.2 If one or more of the provisions of these Conditions or any other agreement with Fairbow are in conflict with any applicable provision, the provision will lapse and will be replaced by a new Fairbow established lawful condition.
16. Change terms and conditions
16.1 These terms and conditions at any time without notice or loss of any right by Fairbow be amended or supplemented. The changes will be published on the websites of Fairbow. The amendments take effect fourteen (14) days after publication or at a later date specified in this announcement.