Terms and Conditions of Sales – version 1.0; last updated 16.11.2018
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1. Preamble | 1. Headline |
OpenStructures (abbreviated OS) is an online platform accessible via www.openstructures.net and www.openstructures.family (hereinafter the "Platform"). On the Platform, Sellers can sell OS Reproductions as Products online to consumers. Sellers can also offer 3D files of Designs for sale.
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2. Application area | 2. Headline |
These Terms and Conditions of Sale (hereinafter the "Terms of Sale") determine the rights and obligations of the parties to the sale of products (hereinafter the "Products", weather these are materialized Reproductions of Designs - hereinafter called Physical Reproductions - or downloadable Files, which can be f.i. digital 3D files of Designs, manuals, assembly instructions or other digital files - hereinafter 'Digital Files') via the Platform.
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3. Description and Availability of the Products | |
The Products and their respective availability are described on the Platform, in particular on the Webshop. The images displayed on the Platform are for illustrative purposes only and are not binding.
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4. Price and Costs | |
The price of each Product is displayed on the Platform (hereinafter the "Price") in Euro, VAT and any other applicable taxes or taxes included. The Price refers only to the purchase price and not to the possible costs of the delivery, which are also at the expense of the Buyer, as the case may be.
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5. Order | |
The Buyer may place an Order by adding Products to the "Shopping Basket" on the Platform. The Seller or the Platform can in no case be liable for any mistakes the Buyer commits. The Buyer can trace and correct any input errors via the Shopping Basket before settling his Order. The Order is only final and accepted after the Buyer has settled the Order and the Platform has confirmed the Order. This is done by sending an e-mail to the Buyer after the payment (see below).
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6. Payment | |
The Buyer owes the purchase price of the Product purchased through the Platform to OpenStructures who receives the payment for the Seller. The Buyer can not fulfill his obligation by a direct payment to the Seller. The Platform uses Paypal as a payment system for the purchase transactions. The payment only becomes effective when the full price has effectively arrived on the Paypal account of the Platform. In case of refusal by the bank or payment service provider of the Buyer, the Order will be automatically canceled.
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7. Delivery / Pick-up | |
Digital Files are directly made available via the downloading process, which offers the Buyer the possiblity to store it on a device. Physical Reproductions offered via the Platform may, as the case may be, be delivered by the Seller at the address of the Buyer or be picked up by the Buyer at the address of the Seller. The delivery or takeaway options are always displayed per product at the start of the ordering process in the Shopping Cart and during the checkout of the Order.
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8. Cancellation policy | |
8.1 Right of withdrawal The right of withdrawal only applies to Physical Reproductions and not to Digital Files. In the case of Physical Reproductions the right of withdrawal only applies to Standard Products and not to taylor-made or customized Reproductions that have been made following specific instructions by the Buyer. In the case of Standard Design Reproductions, the Buyer has a period of 14 calendar days, counting from the day following the delivery or the pick-up, to renounce his purchase, without payment of a fine and without giving any reason. Within this period, the Buyer must inform the Seller of his intention to make use of his right of withdrawal by using the contact form on the Platform with notification of his order number.
8.2 Return The right to return Products only applies to Physical Reproductions of Designs and not to Digital Files. In the case of Physical Products, the Buyer has a period of 14 calendar days, counting from the date of this last e-mail to return the Products, together with a copy of the Confirmation E-mail, to the Seller at the address specified by the Platform. In the event of non-compliance with this period, the Buyer will be relieved of his right of withdrawal. If the confirmation email is missing, the goods can not be returned.
8.3 Refund If the Buyer exercises his right of withdrawal correctly according to the agreed terms, the Seller undertakes to notify OpenStructures immediately and the Platform will send an e-mail to the Buyer to confirm this. OpenStructures will then refund the Price via the same payment method with which the Buyer has paid for the Products, at the latest within 14 calendar days after the Seller has received all the Products back, or until the consumer has shown that he has returned the goods, whichever comes first.
8.4 Exception of right of withdrawal The Buyer does not have a right of withdrawal for:
8.5 Liability for the depreciation of the Products If the Products suffer an impairment as a result of inappropriate handling of the Buyer (a handling of the Products that goes beyond what is necessary to determine the nature, characteristics and functioning of the Products), then OpenStructures and the Seller have the right to deduct this depreciation from the Price and the Costs that are to be refunded to the Buyer.
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9. Warranty | |
Digital Files are delivered 'AS IS' and are not subject to any warranty.
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10. Contact | |
In case of questions about the Order, the Buyer can contact OpenStructures via the contact details displayed on the Platform.
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11. Severability | |
If any part of the Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The Terms of Sale together with the Purchase Order transferred to the Buyer, form a contractual agreement and define the contractual relations between the Parties. In the event of any conflict between these documents, the Terms of Sale will prevail.
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12. Evidence | |
The proof of the communication, the orders and the payments that have taken place between the Parties can be provided on the basis of the computer records stored in the IT systems of the Platform, the Seller and / or the companies to which they may rely for IT services. The Platform archives the completed Orders, which are available on demand for the Buyer.
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13. Modification of these Terms | |
These Terms of Sale may be changed from time to time. Any changes have no effect on purchase agreements that have already been made. The new versions will always be communicated via the Platform.
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14. Applicable law | |
All sales made through the Platform and all disputes relating to these Terms and Conditions of Sale are subject to Belgian law. In the event of a dispute, an amicable solution will first be sought.
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