To protect your own interests, please read the conditions carefully before you click the tick box. If you are uncertain as to your rights under them or you want any explanation about them, please telephone or email our Customer Service Desk custserv@show-bizcentre.com, Tel: 0031 180 510011, BEFORE you place the order.
By placing an Order and purchasing goods from www.show-bizcentre.com you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of:
Show-Biz Centre B.V.
Stormpolderdijk 8
2921 LL Krimpen aan den Yssel,
The Netherlands
Rotterdam Chamber of Commerce Registration Number 65687671
(“the Seller”, “We or “Us”) for certain products as set out in the pages on this site (“the Goods”).
Our VAT number is NL856215272B01
Subject to the provisions of Clause 4.2 below, the price of the Goods the delivery charges and Value Added Tax where applicable is set out on the Order Form.
In accordance with the provisions of the Dutch Consumer Protection (Distance Selling) Regulations 2014, you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the Goods when they are delivered and can be found in Clause 9 below. Please note that the right to withdraw from the contract does not apply in respect of any cosmetic which has been opened or used, any flammable product, wigs, teeth, DVDs, books, moustaches, beards or contact lenses.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
Article 1 - Interpretation
1.1 In these conditions:
- 'Conditions' means the standard Terms and Conditions of sale set out in this document;
- 'Contract' means the contract for the sale of the Goods;
- 'Payment Card' means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order,
- 'Delivery Area' means the European Union;
- 'Goods' which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;
- 'Information System' means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
- 'Order' means any order placed by you with us for the supply of Goods;
- 'Order Form' means the electronic order form completed and submitted electronically by you;
- 'Regulations' means the Dutch Consumer Protection (Distance Selling) Regulations 2014;
- 'Web Site' our presence on the world wide web, currently accessible via the address www.show-bizcentre.com
Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.2 Unless the context otherwise requires:
- RDS importing the singular shall include the plural and vice versa;
- Words importing the masculine gender shall include the feminine gender and vice versa;
- References to persons shall include bodies of persons whether corporate or incorporate.
- Unless the context otherwise requires references to clauses shall be construed as references to clauses of the Conditions.
- Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
Article 2 - Basis of the sale
- We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing, each such sale of Goods will be subject to these terms and conditions.
- No order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
- No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
- Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
Article 3 - Orders
- The quantity and description of the Goods will be those set out in your Order (if accepted by us).
- The delivery of products is solely limited to the delivery area of the European Union.
- Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
- You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
- You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
- The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
- We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements.
Article 4 - Price of the goods
- The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you, the price for the goods will be the price set out in the relevant range at the time the order is placed.
- If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
- The total price is inclusive of any applicable value added tax.
Article 5 - Terms of Payment
5.1 Upon providing us with details of the Payment Card and submitting the Order you:
- confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
- authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
- If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
- Where Goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.
- We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently, you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
Article 6 - Delivery
- Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
- We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 14 days of the order date. We cannot be held responsible for delays beyond our control. If we are unable to make the delivery date we will contact you. If delivery cannot be made within 14 days of the given delivery date, you will be entitled to either arrange a revised date or cancel the order and receive a full refund. If we are able to make delivery in advance of the given date we will contact you.
- If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance, delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
- If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
- Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled, we will refund you any monies already paid by you and any reasonable return costs incurred by you.
Article 7 - Risk and property
- As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
- Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received cleared funds payment in full of the price of the Goods. Goods supplied to you are not for resale.
Article 8 - Warranty and liability
- Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer's warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.
- As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part of our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights.
- Important Notice: Time Limit for Noticfication of Claims
You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection. - Where a valid claim in respect of Goods delivered is notified to us within 14 days of the delivery date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to:
- reject the Goods and receive a full refund;
- or have the goods (or the part in question) replaced free of charge.
- replace the Goods (or the part in question) free of charge or
- at our sole discretion refund to you the price of the goods (or a proportionate part of the price) and we shall have no further liability to you.
- Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- such loss or damage is not a reasonably forseeable result of any such breach;
- any increase in loss or damage resulting from breach by you of any term of this contract.
- Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
- We assume no responsibility for the contents of any other web sites to which this website has links.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to there fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or lisensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s), We have no responsibility for the content of the linked servsites).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of The Netherlands.
Article 9 - Right to Cancelling
- You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price.
- During the cooling off period, any cancellation must be given by written notice by either party.
- Goods must be returned complete and undamaged with all accessories and instructions. The original packing must be returned in reasonable condition.
- The right to cancel this contract will not apply in respect of:
- Personalised Goods or Goods made to your specification
- Audio, video recordings (including DVDs) or computer software you have unsealed
- Contracts for accommodation, transport, catering or leisure services which are arranged for a specific time or date, train, airline or concert tickets or hotel bookings.
- In the event that we supply substituted Goods to you in accordance with the provisions of Clause 2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us.
Article 10 - General
- The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
- No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement;
- If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
- We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the Netherlands.
- The headings in these conditions are for convenience only and will not affect their interpretation.
Article 11 - Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of the Netherlands and you hereby submit to the exclusive jurisdiction of the Dutch courts.
A. Model instructions on withdrawal
Right of withdrawal
Consumers have the right to withdraw from this contract within 14 days without giving any reason.
Please note that the right to withdraw from the contract does not apply in respect of any cosmetic which has been opened or used, any flammable product, wigs, teeth, DVDs, books, moustaches, beards or contact lenses.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us: Show-Biz Centre, Stormpolderdijk 8, 2921 LL Krimpen aan den Yssel, The Netherlands, or by email at custserv@show-bizcentre.com (for info, telephone: 0031 180 510011 / UK Freephone: 0800 731 8849) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
B. Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
Please note that the right to withdraw from the contract does not apply in respect of any cosmetic which has been opened or used, any flammable product, wigs, teeth, DVDs, books, moustaches, beards or contact lenses.
— To Show-Biz Centre, Stormpolderdijk 8, 2921 LL Krimpen aan den Yssel, The Netherlands, telephone: 0031 180 510011:
— I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods
— Order number _________
— List of products returned _________
— Ordered on _________
— Name of consumer(s), _________
— Address of consumer(s), _________
— Signature of consumer(s) (only if this form is notified on paper),
— Date _________
* Delete as appropriate.