When placing an order on the website shop.shakaloha.com (hereafter stated Shakaloha.com) you automatically agree with the following terms and conditions.
Article 1. Applicability
• 1.1 For all offers, orders and contracts of the Shakaloha.com webshop, these terms and conditions are exclusively applicable and are all other terms and conditions explicitely excluded.
• 1.2 The acceptance of an offer or placing an order means that you accept the applicability of these terms and conditions.
• 1.3 Any deviations of these terms and condtions are only valid when Shakaloha.com states such deviations in a written form. In such case all other terms and conditions undiminishedly apply.
• 1.4 All rights and claims which are accomplished in these terms and conditions on behalf of Shakaloha.com, are equally valid for third parties or other go-betweens used by Shakaloha.com in order to close any deal.
Article 2. Offers / Contracts
• 2.1 All offers of Shakaloha.com are without engagement and Shakaloha.com explicitly reserves the right to change prices, conditions and any change in product offered, especially by the virtue of changing (legal) circumstances that force Shakaloha.com to do so.
• 2.2 A contract only comes about after acceptation of your order. Shakaloha.com reserves the right to refuse orders or to ty certain conditions to a delivery if circumstances dictate to do so. In case an order is not accepted, Shakaloha.com will notify the buyer soon as such a refusal has come about.
Article 3. Prices and Payments
• 3.1 All prices for the products or services offered are stated in Euro or GBP and are inclusively VAT (unless stated otherwise) but exclusively handling-, administration and shipping costs and exclusively any applicable taxes or other duties, unless agreed upon in written contract.
• 3.2 Payment is exclusively possible by the use of iDeal, Mastercard, Visa Card, Meastro, PayPal, Giropay, American Express and Sofortüberweisung. Any other way of payment is only granted when Shakaloha.com gives the buyer written instructions before making such payment. Any payment is only valid upon the date the amount is credited on the bank statement of Shakaloha.com.
• 3.3 In case the prices of the offered products and services were raised during the processing of the order, the buyer reserves the right to cancel the order within 10 days after the announcement of Shakaloha.com of such a raise in prices.
• 3.5 Products that not have been fully paid by the buyer remain property of Shakaloha.com. Such products may not be sold by the buyer to third parties, may not be used or damaged in any other ways and need to be fully insured by the buyer holding the product. Product that have not been fully paid can be claimed by Shakaloha.com as a guarantee for payment. Shakaloha.com reserves the right to fully take out all expenses for retrieval of the goods on the buyer.
Article 4. Delivery
• 4.1 The delivery time stated by Shakaloha.com are only an indication of that term. Only when the delivery time exceeds the term of 45 days, the buyer reserves the right to cancel the order. However, the buyer is never intitled to claim any damages.
• 4.2 Delivery of the products is done at the place that is determined by the buyer and at a point in time that the product are ready for shipment to the buyer.
Article 5. Reservation of ownership.
• 5.1 The ownership of the product will only go to the buyer when the buyer has fully paid the product plus all other costs agreed upon to get the product in his possession. The risk for the product will however go the to buyer as soon as the product is delivered to the buyer.
Article 6. Reclamation and Liability.
• 6.1 The buyer has the obligation to investigate the product upon delivery to him to dertermine that the product comes up the the expections agreed upon. In case this is not the fact, the buyer needs to post the defect by motivated letter to Shakaloha.com within 7 days after receipt of the product, at least after a reasonable period of time in which the goods could be checked.
• 6.2 In case is proved that the product does not come up to the expectations, Shakaloha.com has the choice after the returning procedure ( see article 6.4) to exchange the particular product or to reimburse the amount paid for the product.
• 6.3 In case the buyer does not want to keep the product for whatever reason, he reserves the right to return the product to Shakaloha.com within fourteen (14)g days of receipt of the product, without any questions asked. In such a case the shipping costs for returning the product to Shakaloha.com has to be paid by the buyer.
• 6.4 In case of a return the buyer needs to send the product in the original package and with fully paid for shipping to Shakaloha Warehouse (Returns), Herenweg 15, 3602 AM , Maarssen, The Netherlands. When the buyer did not meet up to the for return conditions mentioned in these general terms and conditions Shakaloha.com will claim all extra costs for the return to Shakaloha.com on the buyer. Shakaloha.com reserves the right to refuse unstamped packages. Shakaloha.com will not claim any administration or handling fees to the buyer when the return is done within the terms and conditions. In case of reimbursement Shakaloha.com will wire the amount of the returned purchase on the account provided by the buyer on the return form or by e-mail within 30 days after receipt of the returned product at the address mentioned above.
Article 7. Communication
• 7.1 Shakaloha.com is not liable for any lack in communication, mutilations, delays or any other lacks in deliveries or announcements that are the result of the use of the Internet or any other means of communication in the information traffic in between the buyer and Shakaloha.com or third parties or related to the relation between the buyer and Shakaloha.com unless proved that Shakaloha.com acts with gross negligence or intention.
Article 8. Force Majeure
• 8.1 Undiminshed all other rights reserved, Shakaloha.com claims in case of Force Majeure the right to his own choice either to postpone the order or the end the contract without judicial intervention. In such a case Shakaloha.com will notify the buyer by letter. Shakaloha.com will not be liable for any indemnity unless conditions according to equity and natural justice dictate indemnity.
• 8.2 Force Majeure is applied in any case a failure can not be deduted to Shakaloha.com or to parties allied to or rendering services for Shakaloha.com because such a failure can not legally be blamed to these parties.
Article 9. Various Terms
• 9.1 In case one or more of these terms and conditions or any other contract with Shakaloha.com runs counter with any applicable law, that particular term or condition will be subsided and replaced by a term or condition determined by Shakaloha.com that resembles and legally endures particular term or condition.
9.2 Shakaloha.com is entitled to use services of third parties in order to execute any of the buyer’s order.
Article 10. Applicable law & competent court.
• 10.1 To all rights, commitments, offers, orders and contracts which came into existence through these terms and conditions the Dutch law is applicable and a Dutch judge is automatically appointed
• 10.2 All litigations between Shakaloha.com and buyer will exclusively be posted at a competent court in the territorial jurisdiction where Shakaloha.com resides her home office, which is Amsterdam, NL.
