Terms of sale Super Chill

Clause 1. General

    • These Terms of Sale apply to each purchase of products on the Website and to any Distance Contract concluded on the Website between Super Chill and you.
    • Acceptance of these Terms of Sale and Super Chill’s privacy statement website is a requirement for making purchases through the Website.
    • You are aware that Super Chill is a not-for-profit organisation and as such should not be seen as a commercial seller of products and/or services.
    • A reference in these Terms of Sale to a clause is a reference to a clause in these Terms of Sale, unless otherwise stated.
    • Super Chill shall have the right to amend the Terms of Sale periodically, in which case Super Chill shall assign a new version number to the amended Terms of Sale. Upon your first request, Super Chill will send Sales Terms with an earlier version number to you via electronic means.

 

Clause 2. Definitions

    • In these Terms of Sale, the following definitions shall apply:
  • Offer: an offer by Super Chill on the Website that contains a complete and accurate description of the products offered in sufficient detail to allow a proper assessment of the offer by you
  • Terms of sale: these general terms of sale, version number 1.0;
  • Cooling-off Period: the period mentioned in clause 4, within which you can make use of your Right of Withdrawal;
  • you/your: the consumer, natural person not acting for purposes related to his/her trade, business, craft or profession, who enters into a Distance Contract with Super Chill via the Website;
  • Right of Withdrawal: the option you have to revoke the Distance Contract within the Cooling-off Period or in the situation referred to in clause 6.3, as described in clause 4;
  • Super Chill: Stichting Super Chill, a foundation under Dutch law, having its registered office in Amsterdam, with its principal place of business at Jan van Galenstraat 51, (1056 BH) Amsterdam, registered in the commercial register of the Chamber of Commerce under number 78604192, RSIN: 861466652, accessible by e-mail at info@superchill.org;
  • Distance contract: an agreement as referred to in article 6:230g of the Dutch Civil Code, whereby, in the context of a system organised by Super Chill for distance selling of products and/or services up to and including the conclusion of the agreement, exclusive use is made of one or more means without you and Super Chill having come together simultaneously in the same space;
  • Website: the website of Super Chill, namely https://superchill.org.

 

Clause 3. Offer and acceptance

    • Obvious mistakes or obvious errors in the Offer shall not bind Super Chill.
    • Each Offer contains such information that the rights and obligations attached to acceptance of the Offer are clear to you. These rights and obligations are elaborated in the order form on the Website and in these Terms of sale.
    • As soon as you have electronically accepted the Offer (or a part thereof), Super Chill shall immediately electronically confirm receipt of acceptance of the Offer (or the relevant part thereof), thereby concluding the agreement between Super Chill and you. Until receipt of such acceptance has been confirmed by Super Chill, you may revoke your acceptance in writing (including electronically) and Super Chill shall not be obliged to deliver the (relevant part of the) Offer to you.
    • You may withdraw any offer to Super Chill to conclude an agreement in the manner described in clause 4.

 

Clause 4. Right of withdrawal

    • After purchasing products, you may exercise your Right of Withdrawal during the Cooling-off Period of fourteen calendar days and without giving reasons. This Cooling-off Period starts the day after you have received the product. The product is deemed to have been received by you if it is presented to the address you entered on the Website when purchasing the product.
    • During the Cooling-off Period, you must handle the product and its packaging with care. You shall only unpack or use the product to the extent necessary to assess whether you wish to keep the product.
    • To exercise your Right of Withdrawal, you must follow the instructions provided by Super Chill at the time of the Offer and/or at the time of delivery in this regard.
    • If you exercise your Right of Withdrawal, Super Chill will confirm the cancellation without delay and you must return the product within the Cooling-off Period with all delivered accessories (such as manuals and documentation) and – if reasonably possible – in the original condition and packaging to Super Chill, in accordance with the reasonable and clear instructions provided by Super Chill.
    • If you exercise your Right of Withdrawal, you will bear the costs of return, unless expressly stated otherwise on the Website or expressly agreed otherwise.
    • If you exercise your Right of Withdrawal and have paid an amount and provided that the conditions for returning and the return procedure have been met, Super Chill will refund the amount paid – including the shipping costs, unless you keep one or more other products of the order – as soon as possible, but no later than fourteen days after cancellation, whereby the you can only claim a refund after Super Chill has received the products back or you have demonstrated that you have returned the products to Super Chill.
    • Super Chill may exclude your Right of Withdrawal in accordance with the relevant legal clauses. The exclusion of the Right of Withdrawal only applies if Super Chill has clearly stated this in the Offer, at least in good time before concluding the agreement.

 

Clause 5. Prices and payment

    • All prices shown on the Website are in Euro, including VAT and excluding shipping costs. Shipping costs are listed separately on the Website.
    • Products can only be ordered and reserved if they are available online on the Website at the time of purchase. Super Chill has the right to modify the product overview and prices displayed periodically. If you place an order, the price applicable at the time of registration of the order in Super Chill’s system shall apply.
    • Every order and reservation is processed and effected only after agreement and receipt of your bank payment. In case a bank refuses the secure bank payment, the respective order will be automatically cancelled.
    • You must pay for the products prior to completing your order in the manner shown on the Website.

 

Clause 6. Delivery and execution

    • Super Chill will take the utmost care when receiving and fulfilling orders for products.
    • The products ordered by you will be delivered. The place of delivery is the delivery address which you have made known to Super Chill when ordering on the Website.
    • Subject to what is stated in these Terms of Sale, Super Chill shall execute accepted orders expeditiously but at the latest within fourteen days, unless a longer delivery period is stated in the Offer or a longer delivery period is agreed. If the delivery has been delayed, or if an order cannot or can only be partially carried out, you shall be informed thereof no later than fourteen days after you have placed the order. In addition to the provisions in clause 4.1, you will in that case have the right to revoke the agreement in accordance with the provisions in clause 4 without costs.
    • If you revoke the agreement  in accordance with the previous paragraph, Super Chill will refund you the amount you paid as soon as possible, but at the latest within 14 days after revocation.
    • If delivery of an ordered product proves impossible, Super Chill will make every effort to make available a replacement item. Clear and comprehensible notification that a replacement item will be delivered shall be made no later than prior to dispatch.
    • The risk of damage and/or loss of products rests with Super Chill until the products are delivered to the place of Delivery, unless expressly agreed otherwise. You are obliged to check immediately after receiving them whether the received products have been delivered in accordance with the provisions of the Offer and the agreement.

 

Clause 7. Conformity and warranty

    • Super Chill guarantees that the products comply with the agreement, the specifications mentioned in the Offer, the reasonable requirements of soundness and/or usability and the existing legal clauses and/or government regulations on the date of conclusion of the agreement. Only if the parties have expressly agreed so, Super Chill also guarantees that the product is suitable for other than normal use.
    • An additional warranty provided by Super Chill, its supplier, manufacturer or importer does not affect the legal rights and claims you may assert against Super Chill under the agreement.
    • Also in connection with the provisions of clause 1.3, Super Chill gives no warranties other than those set out in this clause.

 

Clause 8. Liability

    • Super Chill shall under no circumstances and in no way be liable for damage of any kind that may result from improper use of the product, from use contrary to the instructions for use or from use contrary to the nature and purpose of the products supplied.
    • Super Chill is not liable for changes in the form, appearance or packaging of the products made by the manufacturers of the products.
    • Any liability of Super Chill shall in any case be limited to the amount of the selling price of the products ordered or the value of the product according to the date of purchase, whichever is higher.

 

Clause 9. Intellectual property

    • The texts, page references, illustrations, photographs, datasheets and other illustrative elements on the Website and on the products are protected by copyright or other intellectual property rights and these rights belong exclusively to Super Chill or its licensors.
    • You may not copy, modify, post on another website, offer for sale or publish in any form the contents of the Website and the products offered by Super Chill without the prior written consent of Super Chill.
    • The Website and the products offered by Super Chill may also contain texts, illustrations and other elements protected by copyrights or other intellectual property rights of third parties. Super Chill in no way authorises you to use the intellectual property of such third parties in any way.

 

Clause 10. Complaints procedure and applicable law

    • You must submit complaints about the performance of the agreement by Super Chill and the products supplied under it to Super Chill in full and clearly described in writing, including by e-mail to info@superchill.org, within a reasonable time after you have discovered the defects.
    • Complaints submitted to Super Chill shall be answered within a period of fourteen days from the date of receipt of the relevant complaint. If a complaint requires a foreseeably longer processing time, Super Chill will respond within the fourteen-day period with a notice of receipt and an indication of when you can expect a more detailed response.
    • If the aforementioned complaints procedure does not lead to a solution acceptable to both parties, each party may submit the dispute to the competent court in the district of Amsterdam.
    • Agreements between Super Chill and you to which these Sales Terms relate shall, subject to mandatory exceptions, be governed exclusively by Dutch law.

 

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