Terms and conditions of CreaBead
We kindly advise you to read these Terms and Conditions carefully so you are aware of your rights and obligations under this Agreement. You are referred to in these Terms and Conditions as the Customer. For the sake of convenience we choose the masculine gender, but where “he” is mentioned we also mean “she”.
Article 1. Definitions
- In these Terms and Conditions,
capitalized terms shall be defined as follows:
Terms and Conditions
the terms and conditions listed in this document as used by CreaBead;
a service offered on the Website by CreaBead;
the combination of the Customerís username and password for placing an order on the Website;
the legal entity who places an order on the Website;
the sole proprietor CreaBead, established and having an office at (5694 VP) Son en Breugel at Herculeslaan 6;
he agreement between the Customer and CreaBead, which is concluded via the Website on the basis of which the Customer buys the Product and / or the Service from CreaBead;
a product that is offered on the Website by CreaBead
the Privacy Statement of CreaBead, which can be found on the Website;
the website owned by CreaBead, on which the Product and / or the Service is offered;
Article 2. Applicability
- These Terms and Conditions apply to every offering made by CreaBead on the Website, to every Agreement concluded via the Website and to every use of the Website.
- CreaBead may amend and / or complement these Terms and Conditions at any time. Changes do not apply to already concluded Agreements. The most up to date version of the Terms and Conditions can be found on the Website. If the Customer does not agree with the amended and / or complemented Terms and Conditions, the Customer cannot order the Product and / or the Service.
- The applicability of any of the Customerís purchasing terms and conditions or other conditions is expressly rejected by CreaBead.
Article 3. Offer and establishment of the Agreement
- The Agreement enters into force by completing the ordering process on the Website and accepting the Terms and Conditions.
- An offer on the Website is always without any obligation and can be revoked by CreaBead immediately after an order.
- CreaBead is not bound by apparent errors and clerical errors in the offer on the Website.
Article 4. Use and Availability of the Website
- CreaBead does not guarantee that information on the Website is always correct, current or complete.
- During the registration process, the Customer must provide Login Credentials. The Customer guarantees to CreaBead, and is responsible for ensuring that the information he provides when creating his Account is correct, complete and current.
- The Customer is responsible and liable for all use made with his Login Credentials.
- As soon as the Customer knows or has reason to suspect that his Login Credentials came into the hands of unauthorized persons, the Customer is obliged to report this case to CreaBead, without prejudice to the obligation to immediately take effective measures himself, such as changing the Login Credentials.
- CreaBead reserves the right to change the login procedure and / or Customerís Login Credentials if it is deemed to be necessary for the functioning of the Website.
Article 5. Price and payment
- The stated price of the Product and / or the Service is valid the moment it is displayed on the Website.
- VAT is not included in the stated total price. Any additional costs, such as shipping and payment costs, will be mentioned on the Website.
- The payment methods will be mentioned on the Website
- If the Customer exceeds the payment deadline or CreaBead is unable to collect the amount due by means of the payment instrument chosen by the Customer before the end of the payment term, the Customer shall legally be in default, regardless of whether CreaBead sends any further warning or notice.
- If the Customer is in default with regard to his payment obligation, CreaBead may refer the debt for collection, in which case the Customer shall also be obliged to pay the costs incurred by CreaBead which is estimated at 15% of the principal amount, or as the case may be the actual costs if these are higher.
Article 6. Delivery
- The delivery deadlines on the Website and / or during the ordering process are indicative and cannot be considered legal deadlines.
Article 7. Privacy
- When visiting the Website and placing an order, or indicating Login information, (personal) information is supplied to CreaBead. This (personal) information shall be processed in accordance with the applicable laws and regulations and the Privacy Statement.
Article 8. Conformity
- If a Product does not comply with the Agreement, CreaBead will repair the Product free of charge and within a reasonable time period at the discretion of CreaBead or, in case of absence of a Product or parts thereof, still deliver them. If the repair is not possible or canít be demanded of CreaBead, CreaBead will replace the Product.
- If CreaBead has not repaired the Product within a reasonable period, the Customer is entitled to address another party for recovery. CreaBead will reimburse the reasonable costs invoiced by this third party with regard to the recovery.
- An appeal to the Productís non-compliance with the Agreement is not possible if it was already known or could reasonably have been known to the Customer upon the conclusion of the Agreement that there was a defect, or if the nature of the purchased Product or the nature of the defect is contrary to this.
Article 9. Liability. The liability of CreaBead is limited to compensation of direct damage, directly related to the performance of the Agreement, regardless of the reason for the liability.
- Direct damage is exclusively
- Property damage, exclusively within the meaning of section 3, title 3 of book 6 of the Dutch Civil Code;
- The reasonable costs incurred to avoid or limit property damage, insofar as the Customer can prove that these costs have led to a limitation of direct damage within the meaning of the Agreement;
- The reasonable costs incurred determining the cause and the extent of the damage, insofar as the determination is related to direct damage within the meaning of the Agreement;
- The reasonable costs the Customer has incurred in order to have CreaBeadís performance conform to the Agreement.
- CreaBead does not accept any liability for indirect or consequential damages, such as loss of profit, loss of turnover, loss of expected savings and other similar financial losses, as well as loss of goodwill or damage to reputation and all other damages that are not covered by the aforementioned direct damage.
- To the extent that CreaBead is liable, this liability is limited to a maximum of the price of the Product and / or the Service.
- In any case The Customerís right to claim compensation expires in one (1) year after the event that caused the damage occurred.
Article 10. Miscellaneous
- The Customer may not transfer the rights and obligations arising from the Agreement to third parties.
- The use of the Website, these Terms and Conditions and / or the Agreement are subject solely to Dutch law. The applicability of the UN Convention on the International Sales of Goods (CISG) is explicitly excluded.