Terms and Conditions

Terms and Conditions

1.1 These general terms and conditions apply to all offers and to all agreements made to or entered into with third parties (hereinafter: the buyer). They form an integral part of the offers and/or agreements. These general terms and conditions also apply to any other legal relationship between Seats4Gamers and the buyer.

1.2 Any applicable purchasing conditions of the buyer remain unaffected insofar as their content does not conflict with the general terms and conditions of Seats4Gamers. In the event that the provisions of the purchasing conditions conflict with the provisions of the general terms and conditions of Seats4Gamers, the provisions of the general terms and conditions of Seats4Gamers are binding.

1.3 Full or partial deviation from these general terms and conditions is only possible if and insofar as this has been agreed in writing.

1.4 The nullity or voidability of any provision of these general terms and conditions, or of the agreements concluded under these terms and conditions, does not affect the other provisions.

1.5 If Seats4Gamers enters into agreements with the buyer more than once, the present general terms and conditions will always apply to all subsequent agreements, regardless of whether or not they have been explicitly declared applicable.

Article 2. Offers.

2.1 All offers, in whatever form made by Seats4Gamers, are without obligation and must be regarded as one whole, unless expressly stated otherwise in writing.

2.2 Images, drawings, size and weight specifications, etc., which Seats4Gamers publishes in catalogues, circulars or otherwise, are not binding for Seats4Gamers and are only intended to give a general representation of what Seats4Gamers offers. If the delivered goods deviate from this, this does not entitle the buyer to refuse receipt of the delivered goods or payment thereof. Seats4Gamers is also not obliged to compensate the buyer for damage – in any form or whatsoever.

2.3 Seats4Gamers reserves the right at all times to refuse orders without stating reasons.

Article 3. Agreements.

3.1 Agreements are only deemed to have been concluded after written or electronic confirmation of an order by Seats4Gamers, or after actual execution or delivery of an order by Seats4Gamers.

3.2 Orders are only accepted by Seats4Gamers at the prices as they apply on the day of delivery, unless the price and/or discount has been expressly agreed upon when the order is accepted and these have been confirmed or accepted in writing by Seats4Gamers. No rights can be derived from the old publications etc. in which prices and discounts are mentioned other than the prices and discounts set by Seats4Gamers for the relevant order.

3.3 All prices and amounts stated by Seats4Gamers are in euros and exclusive of VAT

3.4 For orders below an amount of EURO 250, Seats4Gamers will charge EURO 10.00 order costs.

3.5 Dispatch and transport of goods is at the buyer's risk. The costs of shipping and transport of goods are for the account of Seats4Gamers.

3.6 Delivery takes place when Seats4Gamers delivers the goods to the address specified by the buyer. The buyer is obliged to purchase the goods delivered by Seats4Gamers in the context of the agreement at the time Seats4Gamers delivers them. If the buyer refuses or is negligent in providing information that is necessary for the delivery, Seats4Gamers is entitled to store the goods at the expense and risk of the buyer. Moreover, Seats4Gamers can then claim payment of the agreed price if the delivery had taken place.

3.7 If Seats4Gamers has specified a term for delivery, this is indicative. A specified delivery time therefore never constitutes a strict deadline.

3.8 Items that are not kept in stock by Seats4Gamers can be ordered at all times by Seats4Gamers for the benefit of the buyer. The buyer undertakes to purchase these items specially ordered for him. Items specially ordered by Seats4Gamers will not be taken back by Seats4Gamers after delivery.

3.9 Agreements or agreements with the personnel (all employees and employees who do not have a power of attorney) of Seats4Gamers do not bind the latter, insofar as they have not been confirmed or accepted in writing by Seats4Gamers.

3.10 Any additional agreements or changes made later compared to what was previously agreed are only valid if they have been accepted by Seats4Gamers, or if they have been confirmed in writing by Seats4Gamers and no objection has been made in writing within 3 working days after the confirmation has been sent by the buyer. objection has been made.

3.11 Seats4Gamers is at all times entitled to demand sufficient security from the buyer for payment of all that the buyer owes and will owe to Seats4Gamers. If the buyer fails to provide the adequate security required by Seats4Gamers, Seats4Gamers is authorized either to suspend performance of the agreement or to dissolve the agreement. With regard to suspension and dissolution of the agreement, the provisions of Article 8 apply mutatis mutandis.

Article 4. Warranty.

4.1 With due observance of what has been stated elsewhere in these general terms and conditions, Seats4Gamers guarantees the quality or proper functioning of goods supplied by third parties, but this guarantee never extends beyond the (manufacturer's) guarantee given to Seats4Gamers by its suppliers.

4.2 Seats4Gamers will inform the buyer of any manufacturer's warranty with regard to products supplied by Seats4Gamers. Items delivered by Seats4Gamers that fall under the manufacturer's warranty must be sent carriage paid to Seats4Gamers for warranty assessment. Seats4Gamers undertakes to support the purchaser's warranty claims against the manufacturer that appear to be well-founded.

4.3 The buyer is obliged to inspect the goods (or have them inspected) at the time of delivery. In doing so, the buyer should examine whether the quality and quantity of the delivered goods corresponds to what has been agreed, or at least meets the requirements set for normal trade.

Article 5. Liability.

5.1 If Seats4Gamers is liable for damage, its liability is at all times limited to the provisions of this article.

5.2 Seats4Gamers is only liable for damage that is due to intent or gross negligence on the part of Seats4Gamers or its subordinates. Seats4Gamers is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.

5.3 In the event of damage, the relevant claim will be reported to the insurer of Seats4Gamers and if there is cover, the liability of Seats4Gamers for damage will be limited to the amount actually paid out by the insurer.

5.4. Seats4Gamers is not liable for any damage or depreciation of goods caused during shipment.

Article 6. Retention of title.

6.1 Until all obligations, for whatever reason, that the buyer has or will have towards Seats4Gamers have been fully fulfilled, the delivered goods remain at the expense and risk of the buyer and, whether processed or unprocessed, remain the exclusive property of Seats4Gamers.

6.2 The buyer is not authorized to pledge or transfer ownership of these items to third parties.

6.3 If the buyer does not fulfill any obligation towards Seats4Gamers, the latter is entitled to take back the goods without any notice of default, while the buyer is then obliged to return the goods carriage paid to Seats4Gamers on first call. The buyer hereby already gives unconditional and irrevocable permission to Seats4Gamers to enter all those places where the properties of Seats4Gamers are located.

6.4 If Seats4Gamers invokes the retention of title, the agreement(s) will also be dissolved without judicial intervention, without prejudice to Seats4Gamers' right to claim compensation for damage, loss of profit and interest.

6.4 The buyer is obliged to immediately inform Seats4Gamers in writing of the fact that third parties are asserting rights to goods subject to retention of title pursuant to this article.

6.5 Should it appear at any time that the buyer has not fulfilled the obligations under this article, he will owe an immediately due and payable penalty of 10% of the amount due, or a minimum of EURO 75.00.

Article 7. Payment.

7.1 Payment must be made within 30 days of the invoice date, unless expressly agreed otherwise in writing.

7.2 Seats4Gamers expressly reserves the right to make delivery to the buyer cash on delivery. In the event of refusal of the cash on delivery shipment, the buyer is obliged to reimburse Seats4Gamers for all costs arising from the aforementioned refusal.

7.3 All payments must be made without any deduction or set-off at the office of Seats4Gamers or to an account to be designated by Seats4Gamers.

7.4 Complaints of any kind never entitle the buyer to refuse and/or suspend payment of an invoice.

7.5 If payment of an invoice has not been made within the payment term prescribed in these conditions or agreed separately, the buyer will be in default by operation of law, without any notice of default being required. In that case, Seats4Gamers will be entitled to charge the statutory interest, increased by 3%, from the default, in which part of the month is calculated as a full month.

7.6 If the buyer is in default in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the buyer. These costs amount to 15% of the principal sum due with a minimum of EURO 350.

Article 8. Complaints, Suspension and Dissolution.

8.1 Complaints, both on the performance of the agreement and on invoices, must be submitted in writing to Seats4Gamers to be made known.

8.2 Return shipment by the buyer, as well as return with the cooperation of representatives of Seats4Gamers, can only lead to dissolution of the agreement if and insofar as Seats4Gamers has agreed to this in writing. The return shipment must be sent carriage paid and must always be accompanied by a specification stating the invoice number with which the goods were invoiced. Seats4Gamers reserves the right to charge the buyer 10% handling costs when crediting the returned goods. Items that have been in the buyer's possession for more than 1 month will not be accepted for return. Only undamaged products in the original packaging are eligible for return.

8.3 If the buyer does not, does not timely or does not properly comply with the obligations arising for him from any agreement concluded with Seats4Gamers, as well as in the event of bankruptcy or application for bankruptcy or suspension of payment of the buyer or application for the aforementioned suspension or in the event of shutdown or liquidation of his company, he is deemed to be in default by operation of law without notice of default being required. Seats4Gamers will then be entitled, without judicial intervention, to dissolve the agreement in whole or in part, without Seats4Gamers being obliged to pay any compensation or guarantee and without prejudice to the further rights accruing to Seats4Gamers. Seats4Gamers will be entitled to demand payment from the buyer of costs, damage and interest already incurred, including the lost profit by Seats4Gamers, caused by the shortcoming of the buyer.

8.4 In the event that the execution of the agreement is prevented as a result of force majeure, both Seats4Gamers and the buyer are entitled, without judicial intervention, either to suspend the execution of the agreement for a maximum of six months, or to dissolve the agreement in whole or in part.

8.5 Force majeure includes all involuntary malfunctions or impediments that make the execution of the agreement more expensive or more difficult, such as storm damage and other natural disasters, impediments by third parties, full or partial strikes, exclusions, riots both here and in the country. origin of materials, war or threat of war here or in other countries, loss of or damage to material during transport, illness of irreplaceable employees, excessive absenteeism of staff, extraordinary circumstances such as export and import bans, restrictive measures by any government, fire and other accidents in the company, lack of or malfunctions in means of transport, non or late delivery of goods by suppliers, power failure and in general all circumstances, events, causes and consequences beyond the control or control of Seats4Gamers .

8.6 If the execution of the agreement is suspended as a result of force majeure, the person on whose behalf or at whose request the suspension takes place is obliged to opt within 14 days for execution or for full or partial dissolution of the agreement.

8.7 Seats4Gamers is entitled to claim payment for work carried out for the implementation of the relevant agreement as well as for partial deliveries made by Seats4Gamers before the circumstance causing force majeure became apparent.

8.8 Seats4Gamers also has the right to invoke force majeure if the circumstance causing the force majeure occurs after its performance should have been delivered.

8.9 In the event of dissolution or suspension of the agreement by Seats4Gamers as a result of force majeure, Seats4Gamers will not be obliged to pay any compensation in any form whatsoever.

Article 9. Disputes.

9.1 All disputes, including those disputes that are only regarded as such by one party, arising from or related to offers or agreements or legal relationships to which these general terms and conditions apply or concerning the general terms and conditions themselves and their interpretation or implementation, are subject to at the discretion of the absolutely competent court that has jurisdiction in the seat of Seats4Gamers, without prejudice to the authority of Seats4Gamers to, if desired, add the court of the buyer's place of residence.

9.2 Dutch law applies to all agreements and legal relationships between Seats4Gamers and the buyer. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.