Terms & Conditions

Last change made on February 29, 2020

Definitions:

  1. Don Militaria: webshop Don Militaria under Chamber of Commerce number 75.603.969.
  2. Customer: the person with whom Don Militaria has entered into an agreement.
  3. Parties: Don Militaria and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

 

Applicability of general terms and conditions

These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services of products by or on behalf of Don Militaria.

Parties can only deviate from these conditions if they are recorded and agreed in writing.

Parties explicitly exclude the solicitation of additional and/or deviating general terms and conditions of the customer from third parties.

Prices

All prices stated in Don Militaria in euros are inclusive of VAT and excluding other other costs such as administration costs, levies and travel, shipping or transport costs unless explicitly stated otherwise or otherwise agreed.

All prices on which Don Militaria displayed for its products or services, on its website of which are otherwise made known, can change Don Militaria at any time.

Increases in the cost prices of products or parts thereof, which Don Militaria could not foresee at the time of making the offer or the conclusion of the agreement, can lead to price increases.

The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3. If the consequence is the result of statutory regulation.

Samples / models

If the customer has received a sample of the model of a product, he can derive no rights other than that it is an indication of the nature of the product, parties for which it has been agreed that the products to be delivered correspond to the sample of model.

Consequences not paying temporarily

If the customer does not pay within the agreed period, Don Militaria is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is charged for a whole month.

If the customer is in default, he will owe Don Militaria valid extrajudicial collection costs and any compensation.

The collection costs are calculated on the basis of the Reimbursement for Extrajudicial Collection Costs Decree.

If the customer does not pay on time, Don Militaria may suspend its obligations when the customer has met his payment obligation.

In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Don Militaria on the customer are immediately claimable.

If the customer refuses his cooperation in the implementation of the agreement by Don Militaria, he is still obliged to pay the agreed price to Don Militaria.

Right of advertising

If the winner is in absence, Don Militaria is entitled to invoke the right to complain about the unpaid customer-related products.

Don Militaria invokes the right to complain by means of written or electronic communication.

Before the customer is informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Don Militaria, the parties involved make other arrangements.

The costs for retrieving products are for the account of the customer.

Right of withdrawal

A consumer can cancel an online purchase during a cooling-off period of 14 days without giving a reason, provided that:

the product has not been used

it is not a product that can spoil quickly, such as food or flowers

it is not a product that has been specially adapted for the consumer from custom

it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)

the product is not a trip, transport ticket, catering assignment in the form of leisure activities

the product is not a separate magazine from a separate newspaper

it does not concern an (order for) emergency repair

the consumer has not waived his right of withdrawal

The cooling-off period of 14 days as referred to in paragraph 1 commences:

on the day after the consumer has received the last product of part from 1 order

When the consumer has received the first product with a subscription

Once the consumer has purchased a service for the first time

When the consumer has confirmed that he will purchase digital content via the internet

The consumer can make his claim to the right of withdrawal known via [email protected]

The consumer is obliged to withdraw the product within 14 days of making his withdrawal known

The costs for returning are for the consumer. The consumer is free to choose any carrier, upon receipt Don Militaria will refund the full amount of the items.

If the purchase costs and any other costs are eligible for reimbursement according to the law, Don Militaria will reimburse these costs to the consumer within 14 days of receiving the timely recourse to the right of withdrawal, on condition that the consumer provides the product to Don Militaria in time. has returned.

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

Don Militaria can invoke its right of retention and in that case retain products of the customer until the customer has settled all outstanding accounts with respect to Don Militaria unless the customer has provided sufficient security for those costs.

The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Don Militaria.

Don Militaria is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Don Militaria against a claim against Don Militaria.


Retention

Don Militaria remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to Don Militaria on the basis of any agreement concluded with Don Militaria, including claims for failure to comply.

Until then, Don Militaria can invoke his retention of title and take back the goods.

Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

If Don Militaria invokes its retention of title, the agreement will be deemed dissolved and Don Militaria has the right to claim damages, lost profit and interest.

Delivery

Delivery takes place while supplies last.

Delivery takes place at Don Militaria unless the parties have agreed otherwise.

Delivery of products ordered online takes place at the address specified by the customer.

If the agreed amounts are not or not paid on time, Don Militaria has the right to suspend its obligations until the agreed part is still paid.

In the event of late payment, there is a default of creditors, with the result that the customer cannot object to late delivery to Don Militaria.

Delivery time

The delivery times specified by Don Militaria are indicative and do not give the customer the right to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing, such as with the fast delivery option.

The delivery time starts when the customer has fully completed the (electronic) order process and has received an (electronic confirmation) from Don Militaria.

Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement unless Don Militaria cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transportation costs

Transport costs are fully borne by Don Militaria unless a different delivery method has been chosen like shipping outside Europe.

Packaging and shipping

If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Don Militaria cannot be held liable for any damage.

If the customer is responsible for transporting a product, he must report any visible damage to products or packaging prior to transport to Don Militaria, failing which Don Militaria cannot be held liable for any damage.

Storage

If the customer orders products only after the agreed delivery date, the risk of any loss of quality is entirely for the customer.

Any additional costs as a result of the early or late purchase of products are entirely at the expense of the customer.

Warranty

The warranty with regard to products only applies to defects caused by inadequate manufacture, construction or material.

The guarantee does not apply in the case of normal wear and damage caused by accidents, changes made to the product, negligence or improper use by the customer, and when the cause of the defect cannot be clearly established.

The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, transfers to the customer at the moment that they are legally and / or actually delivered, at least come into the power of the customer or by a third party who receives the product on behalf of the customer.

Disclaimer

The customer indemnifies Don Militaria against all third-party claims related to the products and / or services supplied by Don Militaria.

Complaints

The customer must examine a product or service provided by Don Militaria as soon as possible for possible shortcomings.

If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform Don Militaria of this as soon as possible, but in any case within 1 month after finding the shortcomings.

Consumers must inform Don Militaria of this within 2 months after the shortcomings have been established.

The customer thereby gives as detailed a description as possible of the shortcoming, so that Don Militaria is able to respond adequately.

The customer must demonstrate that the complaint relates to an agreement between the parties.

If a complaint relates to ongoing work, this cannot, in any event, result in Don Militaria being required to perform other work than agreed.

Notice of default

The customer must notify Don Militaria in writing of the notice of default.

It is the customer's responsibility that a notice of default actually reaches Don Militaria (in time).

liability

Don Militaria is only liable for any damage that the customer suffers if and insofar as that damage was caused by intent or deliberate recklessness.

If Don Militaria is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.

Don Militaria is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.

If Don Militaria is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance policy and in the absence of (full) payment by the insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.

All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) termination of the agreement and / or suspension of any obligation.

Expiration period

Every right of the customer to compensation from Don Militaria expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

The customer has the right to terminate the agreement if Don Militaria is culpably in breach of its obligations, unless this failure, in view of its special nature or minor significance, does not justify the termination.

If the fulfillment of the obligations by Don Militaria is not permanently or temporarily impossible, dissolution can only take place after Don Militaria is in default.

Don Militaria has the right to terminate the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Don Militaria has become aware of circumstances that give him good reason to fear that the customer will fulfill his obligations cannot properly comply.

Force of the majority

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Don Militaria to fulfill its obligation to the customer cannot be attributed to Don Militaria in a situation that is independent of the will of Don Militaria, which means that fulfillment of his obligations towards the customer is prevented in whole or in part or as a result of which Don Militaria cannot reasonably be expected to fulfill his obligations.

The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.

If a force majeure situation occurs as a result of which Don Militaria cannot fulfill 1 or more obligations to the customer, then those obligations will be suspended until Don Militaria can meet them again.

From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

Don Militaria does not owe any (damage) compensation in a force majeure situation, even if it benefits from a situation of force majeure.


Amendment of the agreement

If, after concluding the agreement, it is necessary for its execution to be amended or supplemented, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of terms and conditions

Don Militaria is entitled to change or supplement these terms and conditions.

Changes of minor importance can be made at any time.

Don Militaria will discuss major substantive changes with the customer in advance as much as possible.

Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

The customer's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Don Militaria.

This provision applies as a clause with property law effect as referred to in Section 3:83 (2) of the Dutch Civil Code.

Consequences of nullity or voidability

If one or more provisions of these general conditions are found to be void or voidable, this will not affect the other provisions of these conditions.

In that case, a provision that is void or voidable is replaced by a provision that comes closest to what Don Militaria had in mind when drafting the conditions at that point.

Applicable law and competent court

Only Dutch law applies to every agreement between parties.

The Dutch court in the district where Don Militaria is established / has its practice / has its office is exclusively competent to take cognizance of any disputes between parties, unless the law requires otherwise.

Extra conditions

By ordering articles on this webshop and agreeing to these terms and conditions you confirm that you strictly use these articles only for the intended purposes (historical education, film & theater, re-enactment or collection) and are aware of the meanings of the articles. In addition, you assume full responsibility for the correct and responsible use of the items after delivery.

Furthermore, by accepting these terms you state that you do not fulfill a political function or have any ambitions to do so when buying nazi/communist-material in Europe.

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