TERMS AND CONDITIONS OF USE
!! THE MINIMUM AGE FOR ORDERING PRODUCTS FROM SAMURAI-KATANA-SHOP.NL IS EIGHTEEN (18) YEARS OLD, EXCEPT FOR CLOTHING AND PROTECTION!!
Preamble: All swords may cause injuries that may result in death. Swords from Samurai-Katana-Shop.nl may only be used for decorative and sporting purposes. It is strictly prohibited to use the Products supplied by Samurai-Katana-Shop.nl for any unethical purposes. Moreover, under to Dutch law it is prohibited to carry a sword in public and/or any public places without packaging materials.
ARTICLE 1 PRICE & PAYMENT
1.1. Payment must be made prior or simultaneous to delivery. If the Client uses partial payment, the full invoice amount needs to be fulfilled within ten (10) days after delivery.
1.2. The Client is free to choose any payment method offered on the website, unless another payment option is explicitly offered by representatives of Samurai-Katana-Shop.nl.
1.3. If the Client collects the products from Samurai-Katana-Shop.nl, Client also has the option to pay in cash.
1.4. Invoicing takes place exclusively by e-mail.
1.5. Any invoicing errors by Samurai-Katana-Shop.nl does not release the client from its obligation to pay the amount to be corrected.
1.6. Samurai-Katana-Shop.nl currently charges € 8,61 shipment costs for delivery within the Netherlands.
1.7. If the Client’s delivery address is located outside of the Netherlands, Client must consult Samurai-Katana-Shop.nl about the shipping method and costs.
1.8. If the Client wishes to pay in cash on delivery, the extra costs involved (approximately € 15,11) are to be paid by the Client, including the 2 % commission.
1.9. In case of payment by bank transfer, the Client must transfer the full invoice amount to: Rabobank at Heemskerk, IBAN: NL35 RABO 0132 9876 86, Bic-Swift: RABONL2U, in the name of Asian Import Heemskerk. (VAT number: NL 8508.27.760 B01 Chamber of Commerce: 53296125)
1.10. Samurai-Katana-Shop.nl uses shipping with post.nl. If post.nl changes its prices, zwaardkopen.nl automatically implements these changes so that Samurai-katana-shop.nl will always charge the current shipping rates.
ARTICLE 2 QUOTATIONS AND PROMOTION
2.1. All offers and quotations are non-binding. The Client cannot derive any rights from any promotions offered by Samurai-Katana-Shop.nl.
2.2. The prices used by Samurai-Katana-Shop.nl quotations and promotions include VAT and other government taxes.
2.3. The prices specified by Samurai-Katana-Shop.nl exclude any additional costs involving the agreement, including shipping and administrative costs, unless indicated otherwise.
ARTICLE 3 FORMATION OF AN AGREEME
3.1. Agreements are formed after the client has accepted an offer or quotation issued by Samurai-Katana-Shop.nl and Samurai-Katana-Shop.nl has agreed to this acceptance.
3.2. An agreement is also formed if Samurai-Katana-Shop.nl starts delivering Products to the Client.
3.3. After the Client has accepted these general terms and conditions the order has been completed. Client will receive an order confirmation by e-mail.
3.4. Changes to the agreement must be submitted in writing to Samurai-Katana-Shop.nl and must be accepted in writing by Samurai-Katana-Shop.nl, unless Samurai-Katana-Shop.nl and Client explicitly agree otherwise.
ARTICLE 4 DELIVERY
4.1. Delivery takes place within seven (7) days while stocks last.
4.2. If the ordered Product is not directly available from stock, Samurai-Katana-Shop.nl will provide a new delivery time. Exceeding the specified delivery time does not give client any claim to compensation or termination of the agreement.
4.3. Delivery of Products takes place at an address to be specified by the Client.
4.4. If the Client reserves a Product, the reservation period is ten (10) days. After this period the Product will be sold again.
4.5. Samurai-Katana-Shop.nl is not directly involved in the transportation of the Products supplied by Samurai-Katana-Shop.nl. All Products shipped by Samurai-Katana-Shop.nl will be delivered with insured parcels from post.nl. If a Product is missing or if any damage occurs, the liability of Samurai-Katana-Shop.nl does not extend beyond the insurance as agreed with Post.nl. This insurance covers Products up to € 500,-, Samurai-Katana-Shop.nl. therefore strongly recommends to pick up Products over € 500,- in person. Samurai-Katana-Shop.nl will take demonstrable action to resolve any loss, damage or otherwise as satisfactory as possible for the Client. Client will also cooperate in any investigation by Post.nl regarding the nature of the complaints. Samurai-Katana-Shop.nl uses Post.nl for delivery. If Samurai-Katana-Shop.nl implements any changes in its insurance Samurai-Katana-Shop.nl will automatically implement these changes as well.
ARTICLE 5 RETURNS
5.1. If the Client orders an item via the website of Samurai-Katana-Shop.nl, Client has the right to return the Product within 14 days after delivery, after which Samurai-Katana-Shop.nl will refund the purchase amount. In this case the shipping costs will be paid by the Client.
5.2. In deviation from the provisions in Article 5.1, Client cannot return Products delivered by Samurai-Katana-Shop.nl if the items have been manufactured according to the Client’s specifications, such as customised Products or Products that have a clear personal character.
5.3. The provisions in Article 5.1 only apply when the Products are returned completely, in its original state and undamaged. Any damage caused to the Products returned by the Client will be settled with the purchase amount to be refunded.
5.4. To return items you must use the specified postal address.
ARTICLE 6 GUARANTEE
6.1. The Client must inspect the delivered Products immediately after delivery. The Client needs to notify Samurai-Katana-Shop.nl of any defective Products within fourteen (14) days after discovery.
6.2. If Samurai-Katana-Shop.nl has not been notified of the rights of complaint within the periods specified in the articles above, it is assumed that the Products have been received in good condition.
6.3. If the defects observed by the Client are considered valid, the Client must give Samurai-Katana-Shop.nl a reasonable period to properly fulfil the agreement.
6.4. Any claims to the Client’s right of complaint do not suspend any other obligation of the Client resulting from this agreement.
6.5. The warranty claim of the Client expires if: There is improper maintenance or intent on the side of the Client,There are defects caused by incorrect or improper use by the Client: (over)heating due to heating sources, exposing items to humidity, extreme heat, cold or drought;Reparations are carried out by the Client or third parties;Client has given zwaardkopen.nl insufficient opportunities to resolve a complaint;There are external calamities (e.g. fires, lightning strikes, floods, natural disasters, etc.);Client has not or has incorrectly observed the operating instructions;Client does not comply with the obligations as set out in these general terms and conditions; Client has made modifications to the Product.
6.6. The date stated on the invoice is the effective date of the guarantee.
6.7. Warranty claims can only be submitted to Samurai-Katana-Shop.nl in writing within 14 days after the discovery of the defect and with a short description of the defect together with a copy of the invoice.
ARTICLE 7 LIABILITY
7.1. Samurai-Katana-Shop.nl excludes any liability for indirect damage caused by the use of the items supplied by Samurai-Katana-Shop.nl, except for situations in which the damage is directly caused by intent or gross negligence on the part of Samurai-Katana-Shop.nl, its management and/or executive staff.
7.2. Any liability is limited to the amount that is paid in the relevant case in compliance with the applicable insurance agreement, increased by the deductible that according to the insurance agreement in the case concerned is for the account of Samurai-Katana-Shop.nl.
7.3. Direct damage is defined exclusively as: the reasonable costs for determining the cause and extent of the damage, insofar as this relates to damage as referred to in these terms and conditions.
7.4. Any reasonable costs made to have the defective performance of Samurai-Katana-Shop.nl conform to the agreement, insofar as these can be attributed to Samurai-Katana-Shop.nl.
7.5. Reasonable costs made for the prevention or limitation of damage, to the extent that the customer demonstrates that these costs have led to a limitation of direct damage as referred to in this article.
7.6. In any case, Samurai-Katana-Shop.nl is never responsible for the following damages:
7.7. Consequential damage, lost profit, missed savings and personal injuries.
7.8. If, in exception to what is stipulated in Article 7.2, for whatever reason no payment is made under the insurance mentioned above, the liability of Samurai-Katana-Shop.nl is limited to the invoice value of the order, at least to the part of the order to which the liability relates.
7.9. The Client will indemnify Samurai-Katana-Shop.nl against claims from third parties that arise from or are related to the performance of the agreement.
7.10. Samurai-Katana-Shop.nl is not liable for any provided (technical) advice, technical data provided by suppliers or manufacturers, or any unforeseeable and reasonably uncontrollable poor quality of the Products.
ARTICLE 8 OBLIGATIONS OF THE CLIENT
8.1. In principle, the Client must behave in accordance with what is specified in these general terms and conditions as well as what is agreed between the representatives of Samurai-Katana-Shop.nl and the Client.
8.2. The Client must ensure that Samurai-Katana-Shop.nl has all the correct data in its possession to properly fulfil the agreement.
8.3. The Client must ensure normal use of the Products supplied by Samurai-Katana-Shop.nl. If the Client fails to do so, the right to warranty as referred to in Article 6.3 will expire.
8.4. By placing an order with regard to weapons and the like, the Client indicates that he/she has at least reached the age of eighteen (18) years and is aware of the legal rules regarding these Products. The responsibility for this lies entirely with the Client.
ARTICLE 9 FORCE MAJEURE
9.1. Samurai-Katana-Shop.nl is not obliged to fulfil any obligations towards the Client if it is prevented from doing so as a consequence of a circumstance not attributable to fault and which is not regarded as its responsibility by virtue of the law, legal action or generally accepted practices.
9.2. Samurai-Katana-Shop.nl can suspend its contractual obligations during the period of the force majeure. In the event that the force majeure lasts longer than one month, all parties will be entitled to dissolve the agreement without any legal intervention and without any obligation to pay compensation.
ARTICLE 10 RESTRICTION OF OWNERSHIP
10.1. The Products supplied by Samurai-Katana-Shop.nl remain property of Samurai-Katana-Shop.nl up until the moment that the Client has fulfilled all obligations resulting from the agreement concluded with Samurai-Katana-Shop.nl.
10.2. Should Samurai-Katana-Shop.nl invoke the retention of ownership, the agreement concluded in this respect will be regarded as having been dissolved, without the right of zwaardkopen.nl to claim compensation for any damage, lost profit and interest.
ARTICLE 11 DEFINITIONS AND APPLICABILITY
11.1. Budo Trade LTD: The private limited company, Budo Trade LTD, with its registered office in London and registered with the Dutch Chamber of Commerce under number 53296125, which also includes directly or indirectly associated companies. Samurai-Katana-Shop.nl is a trade name of Budo Trade LTD. (VAT no.: NL 8508.27.760 B01, Chamber of Commerce no.: 53296125).
11.2. Client: the natural or legal person who has placed an order to supply a product.
11.3. Products: The most comprehensive definition of goods supplied by Samurai-Katana-Shop.nl. This includes imported Japanese cultural goods and Katanas.
11.4. These general terms and conditions apply to all promotions and offers by Samurai-Katana-Shop.nl, including all agreements established between zwaardkopen.nl and its Client.
11.5. Any general terms and conditions used by the Client are expressly rejected and as such do not apply to agreements established with Samurai-Katana-Shop.nl.
11.6. If one or more of the provisions in these general terms and conditions become unenforceable in part or in whole, the remaining general terms and conditions will remain in full effect.
11.7. The phrase ‘in writing’ in these general terms and conditions may also be considered to refer to written documents sent by electronic means, including email communication and faxed documents.
11.8. The Client cannot derive any rights from the fact that Samurai-Katana-Shop.nl may possibly apply these general terms and conditions flexibly.
11.9. The contents of this website, as well as the contents of all other expressions by Samurai-Katana-Shop.nl on the internet is composed with the utmost care. However, Samurai-Katana-Shop.nl cannot give any guarantees with regard to the nature, correctness or contents of this information. Samurai-Katana-Shop.nl is not liable for any occurring errors or inaccuracies, nor for any consequences of using the relevant information.
ARTICLE 12 PRIVACY
12.1. All personal data is stored with the supplier and is used exclusively for processing the order. Personal data will never be made available to third parties, only if necessary for payment transactions and the delivery of the order.
ARTICLE 13 APPLICABLE LAW AND DISPUTES
13.1. All legal relationships to which Samurai-Katana-Shop.nl is a party are exclusively governed by Dutch law. Any applicability of the Vienna Convention is excluded.
13.2. The Client and Samurai-Katana-Shop.nl will only appeal to the court after they have made every effort to resolve a dispute in mutual consultation.