Bincware
terms and conditions

BINCware terms and conditions

General

1. These General Terms and Conditions (to be referred to hereinafter as: GT) shall apply to any and all tenders made, agreements concluded and orders accepted by Bincware. In placing an order the purchaser agrees to these GT.

2. The current GT shall apply exclusively to the agreement made. Any terms and conditions on the part of the purchaser shall be explicitly rejected.

3. Purchaser shall mean: the natural person or legal entity that has given the order to deliver one or more products and in doing so has agreed to the GT. Seller shall mean: Bincware, registered trade name of Bos + Couvée Industrial Design, model and prototype building, having its registered office in Rotterdam (The Netherlands). Bos + Couvée is registered at the Chamber of Commerce and Industry of Rotterdam (The Netherlands) under number 24234731.

4. Should these GT be deviated from for a shorter or longer period, whether or not in writing, then Bincware shall retain the right to still comply strictly with these GT. The purchaser cannot derive any right from the fact that Bincware applies these GT flexibly.

Prices and costs of forwarding

5. Prices mentioned are inclusive of 19% Netherlands VAT (BTW (Belasting Toegevoegde Waarde). Bincware shall retain the right to change prices at any and all times.

6. Costs of forwarding and packaging are gratuitous within the Netherlands. A surcharge will be charged outside the Netherlands, see for costs the Customers Service page. For express shipments extra costs shall be charged. Return shipments shall be for the account of the purchaser.

Orders, payments and deliveries

7. Orders are made in writing by using the Bincware.com internet site in conformity with the sequence of actions as indicated on the site.

8. Bincware is entitled to refuse orders or to set extra conditions in relation to a delivery without stating any reasons. In case an order is refused the purchaser will be informed thereof.

9. Payments are exclusively made on the basis of pre-payment in conformity with the methods of payment mentioned and chosen by the purchaser on the Bincware internet site. The order will not be considered to be complete and dealt with fully until payment has been received in full, paid into the account number mentioned.

10. The delivery times mentioned are only indicative. Bincware shall do its utmost to deliver the products within the delivery term mentioned. The purchaser cannot derive any rights from the delivery times mentioned. Bincware shall not be liable for any damage or loss suffered because of excess of delivery times.

11. Check the package carefully on delivery. When the package is damaged make a note or refuse the order. Please inform us forthwith of such damage within 24 hours. We will try to find an appropriate solution. Costs of return shipments of goods damaged by or during transport will be reimbursed by us.

12. In case a shipment does not reach you at all please contact us within 30 days. We will try to find the order with the help of the track & trace number.

13. In case the purchaser has not reacted within 30 days from delivery, no claim can be made to costs of replacement or return shipments in connection with the damage that was caused by or during shipment or packaging.

14. Bincware cannot be held liable for incorrect and/or delayed forwarding of (ordering) data and/or information resulting from the use of internet and/or other means of communication between the purchaser and Bincware. Any costs made because of incorrect or incomplete stating of data shall be charged on to the purchaser.

15. In case parts of the product are missing despite the great care that Bincware spends on packaging, please inform us within 30 days. We will then attend to things quickly.

Replacement and return shipments

16. The purchaser shall have the right to have the delivered product replaced or to return it within 8 days if it does not fulfil its expectations on condition that the product is not used, is still in its original packaging and is undamaged. Please inform us thereof. The term of 8 days will start as at the day of delivery. Costs of return shipments shall be payable by the purchaser. The purchaser is expected to carry out any return shipments with due care. In case the product is damaged because of the fact that return shipments have not been carried out carefully, a compensatory amount shall be deducted or the entire amount shall be withheld. The risk of loss, damage or reduction of value shall pass over to the purchaser at the point in time at which the order is delivered. The remaining amount shall be paid back into the account number to be stated by the purchaser within 30 days after the returned goods have been received.

17. Returning items specially made for the purchaser is not possible and is not covered by this regulation.

Guarantee

18. Products shall be guaranteed for a period of 6 months. Such guarantee shall not apply to neon lightning in the Envelamp and the brushes of the Shoe-shine. In case of any complaints, please contact Bincware first. We will try to find an appropriate solution.

Liability

19. Bincware can in no manner whatsoever be held liable with regard to the use of its products. Any and all products will not harm or jeopardize human, animal or environment when used properly. In case Bincware is nevertheless held liable then this can only be so for direct damage or loss and only up to the amount on the invoice of such part of the order to which the liability refers.

Force majeure

20. Any and all unforeseen circumstances and involuntary interruptions that make it impossible or very burdensome for Bincware to satisfy the agreement shall be considered to be a case of force majeure on the side of Bincware. Force majeure within this sense is: fire, theft, incapacity for work, electronic (communication) interruptions, (transport) strikes or other calamities. Force majeure shall give Bincware the right to carry out the agreement under such terms and conditions as are adjusted to reasonableness and fairness. Force majeure shall not oblige Bincware to pay compensation of loss under whatever name.

Property and rights

21. Any and all delivered products shall remain the property of Bincware until any and all payment obligations have been fulfilled. The risk with regard to products shall pass over to the purchaser at the time of delivery.

22. Copy right and intellectual and industrial property rights rest on any and all products of Bincware; such rights must be respected by the purchaser. Bincware cannot guarantee that the intellectual and/or industrial property rights of third parties shall not be violated but it shall always try to prevent this.

23. Any and all agreements concluded with Bincware, as well as these General Terms and Conditions shall exclusively be governed by the Netherlands law. Any and all disputes between the parties shall only be submitted to the competent court in the Netherlands.