Primeval
Exportweg 10, 9301 ZV Roden
info@primeval.nl
073 59 98 600
Chamber of Commerce number: 11029108
VAT number: NL0024.11.714B01
In addition, the product must not be opened. This for hygienic reasons. The product is then no longer returnable by its nature.
6.2. Primeval is entitled to engage third parties in the performance of its obligations arising from the Agreement.
6.3. The method of delivery is indicated in the ordering process and on the Website.
6.4. The delivery time will be a maximum of 30 days. If the delivery time lasts longer than 30 days, the Customer is entitled to terminate the agreement in writing. If the Client makes use of this, Primeval will refund any payments made to the Client as soon as possible, but no later than 30 days after termination.
6.5. If products are not in stock and a delivery time of 5 working days after receipt of payment is not feasible, Primeval will contact the Customer.
6.6. Despite our effort to provide you with the best possible service, you may have a complaint about our services or our products. Primeval therefore advises the Client to inspect the delivered goods immediately upon receipt and to report any defects found within a reasonable period, in writing or by email. See our complaints procedure for this, article 14.
6.7. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products will transfer to the Customer.
6.8. Primeval is never liable for any damage, including theft or loss, which occurs when the packaging or product is returned.
ARTICLE 7. RESERVATION OF OWNERSHIP
7.1. Primeval reserves the ownership of the delivered goods. This means that until full payment is received by Primeval, the goods / products remain our property.
ARTICLE 8. PAYMENT TERMS
8.1. The Client must make the payments to Primeval according to the methods given in the ordering procedure on the Website. Some methods require payment in advance, others payment afterwards. Primeval determines per order which payment method (s) are available.
8.2. Any amounts (still) owed by the Customer after delivery must be paid within 14 days after delivery of the product.
8.3. In the event of late payment, the Client is, in addition to the amount owed and the interest accrued thereon, obliged to fully reimburse both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies.
8.4. The claim for payment is immediately due and payable in the event that the Client is declared bankrupt, applies for a moratorium or if the Client's assets are fully seized, the Client dies and furthermore, if it goes into liquidation or is dissolved.
8.5. In the above cases, Primeval also has the right to terminate or suspend the agreement or the part thereof that has not yet been performed without notice of default or judicial intervention, without prejudice to Primeval's right to demand compensation for any damage that may arise for it.
ARTICLE 9. LIABILITY PRIMEVAL
9.1. The liability provision of the article below only applies to Customers who are natural or legal persons and who act in the exercise of a profession or business.
9.2. The total liability of Primeval towards the Customer due to an attributable shortcoming in the fulfillment of the agreement is limited to compensation of direct damage up to a maximum of the amount of the price stipulated for that agreement (excluding VAT). Under no circumstances will the total compensation for direct damage amount to more than 500 Euro.
9.3. Primeval's liability towards the Client for indirect damage, including consequential damage, loss of profit, lost savings, loss of data and damage due to business interruption, is excluded.
9.4. Apart from the cases referred to in Articles 9.1 and 9.2, Primeval has no liability whatsoever towards the Client for compensation, regardless of the ground on which an action for compensation would be based. However, the maximum amounts referred to in Article 9.1 will lapse if and insofar as the damage is the result of intent or gross negligence on the part of Primeval.
9.5. Primeval's liability towards the Client due to attributable shortcoming in the fulfillment of an agreement only arises if the Client immediately and properly declares Primeval in default in writing, setting a reasonable term for remedying the shortcoming, and Primeval is also attributable to the fulfillment of the shortcoming after that term. continues to fall short of its obligations. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that Primeval is able to respond adequately.
9.6. A condition for any right to compensation to arise is always that the Customer reports the damage to Parmalux in writing as soon as possible (within 30 days) after it has arisen.
9.7. In the event of force majeure, Primeval is not obliged to pay compensation for the damage caused to the Client as a result.
ARTICLE 10. WARRANTY
10.1. The customer is entitled to the rights with regard to warranty as included in Book 7, Title 1 of the Dutch Civil Code. This guarantee means that:
When you buy a product from us you are always entitled to a good product, provided you use the product normally. If a product does not meet your expectations, we will fully comply with the warranty provisions from the Civil Code towards you. You must in any case contact us within two months after discovery of the defect.
10.2 In addition, a “money back” guarantee applies. This means that if the Customer is not satisfied with the product and / or if the product does not have the desired effects, he or she may return it to Primeval. This warranty is valid for a period of six months after receipt of the ordered product. See "Quality guarantee‘.
ARTICLE 11. INFORMATION ON WEBSITE
11.1. The content of the Website has been compiled with the greatest care. However, Primeval cannot rule out that information is incorrect and / or incomplete.
ARTICLE 12. COMPLAINTS PROCEDURE
12.1. You can submit your complaint to us by telephone, in writing and / or by e-mail, using the contact details below. As soon as we have received your complaint, we will send you a confirmation of receipt. You will receive a response to your complaint within three days at the latest. This can be the final response, but also a message that your complaint requires further investigation. In the latter case, it will also be indicated when you can expect a definitive response at the latest.
ARTICLE 13. FINAL PROVISIONS
13.1. Dutch law applies to the agreement.
13.2. Insofar as these general terms and conditions or the rules of mandatory law do not prescribe otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in Alkmaar.
13.3. If a provision in these General Terms and Conditions proves to be invalid, this will not affect the validity of the entire General Terms and Conditions. In this case, the parties will determine (a) new provision (s) as a replacement, thus giving shape to the intention of the original provision as far as legally possible.
13.4 In these terms and conditions, “in writing” also includes e-mail, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
