WELCOME FUTUROLA .
Scope of the Terms
These General Terms and Conditions exclusively apply to all business relations between a customer (hereinafter referred to as the “Customer“) and Future Holding B.V. (hereinafter referred to as “FUTUROLA“) relating to products offered by FUTUROLA and purchased by the Customer through the website as defined below. The laws of the Netherlands shall apply and the United Nations Convention on Contracts for the International Sale of Goods is excluded.
The applicability of conditions of the Customer, if any, is explicitly excluded.
Provisions that deviate from these General Terms and Conditions can be invoked by the Customer only if and to the extent that these provisions are accepted by FUTUROLA in writing.
Conclusion of the Contract
Orders placed by the Customer via the website http://www.futurola.com (hereinafter referred to as the “Website”) for the products offered by FUTUROLA through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation of the order by e-mail by FUTUROLA to the Customer. The e-mail by means of which FUTUROLA confirms the receipt of the order to the Customer shall not qualify as confirmation of the order.
The contract partner of the Customer is Future Holding B.V. Gyroscoopweg 2M, 1042 AB Amsterdam, The Netherlands, registered at the Chamber of Commerce of Amsterdam under # 33246530.
FUTUROLA shall be free to engage the services of third parties for the performance of its obligations under a sales contract.
FUTUROLA decides at its sole discretion whether or not to accept any order.
Should FUTUROLA not show any reaction with 10 business days after the order has been placed, then the order is deemed to have been rejected.
All information provided by FUTUROLA, whether through electronic intermittence or by telephone, shall be as accurate as reasonably possible. However, FUTUROLA shall not be liable for any error. More specifically, delivery data shall be indicative only and the images of products offered on the Website are for illustration purposes only and FUTUROLA shall not be bound thereby in any way whatsoever.
FUTUROLA reserves the right to deliver products that are equal in quality, price and/or function instead of the products ordered by the Customer.
Price and costs
The price of a product as shown on the Website (hereinafter referred to as the “Purchase
Price”) is inclusive of applicable taxes but exclusive of shipping costs.
FUTUROLA reserves the right to change the Purchase Price of any of the products offered at any time.
Costs which may arise due to customs duties or customs clearance are borne by the Customer.
Power to dissolve, filing of complaints
The Customer has a right to dissolve the sales contract as per the terms set forth below.
The Customer is not obliged to include the reason for dissolving the sales contract. The dissolution shall be made in writing or by return of the products within fourteen (14) days of receipt of the products by the Customer to FUTUROLA.
The Customer bears the direct costs and risks of the returned products.
A right of dissolution does not exist with regard to products made according to the Customer’s specifications, which are personalized or which are not suitable for return due to their nature and/or constitution. If the Customer exercises his/her right of dissolution, (s)he is obliged to return the products as soon as reasonably possible but at least within fourteen (14) days of the dissolution.
FUTUROLA has the right to set off any depreciation of products returned in case of (mis)use of the products. This is not applicable if the depreciation is the sole result of the examination of the products.
The return of the products shall, as much as possible, include the original packaging, and shall be done to the address:
Future Holding B.V.
Attn. Sales Department
1042 AB Amsterdam
In case of an effective return, payments already received are to be refunded.
In case a Customer wishes to file a written complaint regarding any part of concluding or executing a sales contract following an order made by Customer via the Website, Customer is entitled to do so at the following address:
Future Holding B.V.
Attn. Customer Service
1042 AB Amsterdam
In case a Customer wishes to file a verbal complaint regarding any part of concluding or executing a sales contract following an order made by Customer via the Website, Customer is entitled to do so at the following telephone number: +31 (0)20 68 11 319.
Delivery is made to the address stipulated by the Customer. FUTUROLA reserves the right to deliver products ordered partially.
Methods of Payment
Payment can be effected by the following credit cards: American Express, MasterCard and VISA as well as by means of iDEAL or PayPal. Products shall only be dispatched to the Customer after full payment has been received by FUTUROLA.
If the Customer does not pay any amount s/he owes pursuant to the foregoing, s/he is in default without notice. As soon as the Customer is in default on any payment, all FUTUROLA' remaining claims on the Customer are due, and the Customer is immediately in default without notice with respect to those claims. As from the day on which the Customer is in default, s/he owes to FUTUROLA a late interest of 1.5% per month or part of a month during which the default continues.
Reservation of Title
All products delivered by FUTUROLA remain the property of FUTUROLA until such time as the Customer has paid in full all amounts owed to FUTUROLA in connection with the products delivered, including damages, costs and interest. The Customer has no right of retention with respect to these products.
All disputes existing or arising between parties shall be heard exclusively by the competent court of the Netherlands, unless the law provides for a mandatory other forum.
Maintenance of products
The washing and maintenance instructions indicated on the tags of the products are pointed out to the Customer. FUTUROLA does not bear costs or compensate any damage occurring to products due to improper handling.
The Duty to Inform in Accordance with the Battery Directive
Some products sold by FUTUROLA contain batteries. Batteries may not be disposed of in domestic waste. The Customer is obliged by law to dispose safely of all batteries. Batteries can be returned, for instance, to public collecting points or to places where batteries are sold.
FUTUROLA is never obliged to pay compensation for damages except if and insofar as the damage suffered was inflicted intentionally or by the gross negligence of FUTUROLA or its own employees. FUTUROLA’ liability for loss of profits, consequential or indirect damages is, however, at all times excluded, except in the case of intention on the part of FUTUROLA itself.
In all cases in which FUTUROLA is obliged to pay compensation for damages, this will never be higher than, at its option, either the invoice value of the product delivered to which or in connection with which the damage was caused, or, if the damage is covered by an insurance policy of FUTUROLA, the amount that is actually paid out by the insurer with respect thereto.
Any claim towards FUTUROLA, except those recognized by FUTUROLA, lapses after a period of six (6) months from the time the claim arose.
FUTUROLA is entitled to invoke force majeure if the implementation of the agreement is, in whole or in part, temporarily or not, prevented or impeded by circumstances reasonably out of its control, including site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout, delay in the provision to FUTUROLA of parts, goods or services ordered from third parties other than by circumstances to be imputed to FUTUROLA, accidents and interruptions of business operations.
In the case of force majeure on the part of FUTUROLA, its obligations are suspended. If the force majeure lasts longer than three months, FUTUROLA and the Customer are both authorized to rescind the non-feasible parts of the agreement by a written declaration.
The Customer acknowledges that FUTUROLA is and remains the sole and exclusive owner of all trade names, brand names, domain names, patents, copyrights, database rights, registered and unregistered designs and other proprietary trademarks of FUTUROLA. The Customer will in no event be granted FUTUROLA’s proprietary rights.
In particular, the Customer shall not register or use FUTUROLA’ proprietary rights in any manner whatsoever.