Algemene voorwaarden
Strackk can not be held responsible for the quality of wall partitions and always should take into account a drop in load capacity due to the diversity and quality of wall strength.
1. Strackk
These General Terms and Conditions apply for consumers only and define the conditions under which you (“you” or “user”) may use the services provided by Strackk.Strackk operates the company www.strackk.com on the internet. By placing an order with Strackk you will receive personal information about impending sales campaigns of Strackk and its affiliates via Strackk’s e-mail service, provided that you have agreed to receive these e-mails.
2. Validity of the general terms and conditions
By declaring your agreement at the time of placing an order, you also declare your agreement with the application of these General Terms and Conditions (hereinafter referred to as “GTCs”). These GTCs define the conditions under which you (“you” or “user”) may use the services provided by Strackk.2.2 You can download, save, and print these GTCs at any time via the “GTC” link on the Strackk website.
3. Offer and conclusion of contract
The description of products and presentation of goods on the Strackk website in the course of sales campaigns does not constitute a legally binding offer, but merely an invitation to private customers to order goods. There is no legal claim to the availability and deliverability of the products advertised. Sales campaigns are only directed at consumers within the meaning of § 13 of the BGB, i.e. any natural person concluding a legal transaction for a purpose that cannot be ascribed either to their commercial or independent professional activities. Only the normal volume required by a household may be ordered. Strackk reserves the right in due course to make orders under sales campaigns subject to fulfillment of certain individual conditions. To order a product advertised by Strackk, you must take the following steps: Place an article in the cart. Enter the delivery and payment information. Actively agree to the General Terms and Conditions and the Cancellation Policy. Send your order by pressing the “Place Order” button. By forwarding your online order, you are making Strackk an offer to conclude a legally binding contract. By clicking on the “Place Order” button, you are placing a binding order for the goods in the cart, confirming that you are authorised to place such an order, i.e. minors must have the permission of their legal representatives. Immediately on receipt of your order, you will receive an automated e-mail in which the receipt of your offer will be confirmed, thus concluding the contract. All goods remain the property of Strackk until full payment of the purchase price has been received and all claims resulting from the sale have been settled. You will not be entitled to dispose of the goods before transfer of ownership. If third parties should institute claims for the goods, you are obliged to inform Strackk immediately. If, before concluding the contract, Strackk finds that the ordered product is not available, we will immediately inform you about this and reimburse any payments already received. If, after concluding a contract, Strackk should find that the product ordered is not available as a result of late or incorrect delivery (including delivery shortfalls and force majeure) by our suppliers (where Strackk is not responsible), unexpectedly and despite the fact that we have concluded a contract for delivery of the goods in question with the supplier, we reserve the right to withdraw from the contract. In this case Strackk will immediately inform you about the non-availability of the product you have ordered and immediately reimburse any payments already received from you. Strackk is entitled to reject any offers made by you without citing reasons.Delivery of the goods to the customer is carried out by the third-party providers (delivery services) stated in the ordering process. For goods in stock, the delivery time will be two (4) weeks after the receipt of the payment. For goods which are not in stock, the delivery time will be approx. 8-11 weeks after receipt of the payment. During the Christmas and Eastern periods the delivery time can be delayed.The prices shown on the website are final and include VAT. Freight costs will be shown separately in a manner comprehensible to you. Some additional costs may be applied for the delivery to Ireland, Scotland or islands. Extra costs as follows: 50 GBP up to 1 cbm and 100 GBP per 1 qbm and more (cbm = cubic meter). We do require the notice from our customers in case the product has to be delivered to Ireland, Island, or Scotland.
4. Explanation of the right of revocation for the supply of goods
You may withdraw from your contract within a period of 7 days, without citing any reasons. You must notify us of your cancelation by email to our contact address: info@strackk.comThis period starts on receipt of this policy in text form, but not before receipt of the goods by the recipient. The withdrawal period will be deemed to have been adhered to if the cancellation or goods are dispatched in a timely manner.In the event of a valid withdrawal, the services received by both parties are to be returned and any benefits obtained (e.g. interest) are to be reimbursed. Where the services received or use granted (e.g. user benefits) are either not returned or only partially returned or returned in a deteriorated condition, you will be liable for reimbursement of their value. You will only have to reimburse the value of deteriorated goods or benefits utilised where such utilisation and/or deterioration can be traced back to any handling of the goods that exceeds assessing their characteristics and function. The term “assessing the characteristics and function” includes testing and trying out the goods in question, as would be possible and usual in a shop. Any goods that can be sent by parcel mail are to be forwarded at our risk. You must bear the standard costs of return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed £40, or in the event of a higher price if you have not yet made payment or a contractually regulated part payment at the time of cancellation. In all other cases, return of the goods will be free of charge to you. Any goods that cannot be sent by parcel mail will be collected at your address. Any obligations to reimburse payments must be fulfilled within 30 days. For you, this period starts with the dispatch of your cancellation statement or the goods, while for us it starts with the receipt of such a statement or the goods.Exceptions:The right of revocation does not apply to distance selling agreements on the supply of merchandise made to customer specifications or clearly and unambiguously tailored to individual requirements or whose composition renders it unsuitable for return, or which can spoil quickly or whose use-by date would be exceeded.Also, if you are an entrepreneur and are at the point of conclusion of the Agreement acting in pursuit of your normal commercial or freelance occupation, the right of revocation does not apply.
5. Warranty and liability
5.1
The warranty is governed in principle by the laws of The Netherlands. In the event of a defect in goods you therefore have the legal right to have it remedied (delivery of non-defective goods), to cancel the contract or to receive a price reduction.
5.2
Strackk’s liability in damages towards consumers is limited. Notwithstanding the nature of the loss or damage, liability in damages is excluded unless provided to the contrary below. Strackk only has statutory liability where you assert claims in damages that are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or agents. Strackk only has statutory liability where Strackk is in culpable breach of a significant contractual obligation. A significant contractual obligation for this purpose is one the fulfillment of which is essential to the due performance of the contract and on compliance with which you are generally entitled to rely. Strackk also only has statutory liability in the case of culpable death, personal injury or damage to health; this also applies to mandatory liability under the Product Liability Act.
5.3
When Strackk speaks of carrying capacity it is general carrying capacity, not point load.
5.4
Strackk takes no responsibility for wall mounting or carrying capacity as such affected by this method of attachment, materials and diversity of walls. STRACKK shelves are standard delivered with screw wholes every 7.9 inches (20 centimeters). If you are planning to use your STRACKK shelf for carrying more than 125 kilograms, we advise to consider ordering extra screw wholes, every 3.9 inches (10 centimeters)
6. Disclaimer
The user indemnifies Strackk against all claims by third parties instituted against Strackk for violating their rights or these GTCs, the shop regulations or laws governing the use of the Strackk website. The user agrees to bear the costs of the necessary legal defense, including any court costs and solicitor’s fees, as incurred. This does not apply if the user cannot be held responsible for the violation of the rights of third parties or for any violations of these GTCs, the shop regulations or any laws. The user is obliged to provide Strackk with all information that may be required to verify the claims and to defend the case – immediately, truthfully and completely — in the event that a third party should institute legal proceedings. Any delays in the provision of information will be at the expense of the user.
7. Cost-paying agreement on withdrawal
If you make use of your right of withdrawal you must bear the standard cost of return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed 40£, or, in the event of a higher price, if you have not yet made payment or a contractually regulated part payment at the time of cancellation. In all other cases, return of the goods will be free of charge to you. Any goods that cannot be sent by parcel mail will be collected at your address.
8. Legal notice
Strackk Owner:
Joep Melis
Oosterpark 51 - Huis
1092AP Amsterdam
Phone: 0031 (0)6 25094523
Email: info@strackk.com
Commercial Registration Number: 62907093
VAT No.: NL8550.08.155.B.01
9. Severability clause
The nullity or invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the remaining provisions. Null or invalid provisions will be replaced by the equivalent statutory provisions.
Date of last revision: 04/2014