Terms and Conditions
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
Article 1. Definitions
- 1.1 21 Bits: based in Amsterdam and registered with the Chamber of Commerce under file number 78493153, trading as 21 Bits.
- 1.2 Website: one of the websites of 21 Bits, to be found on paulblanca.nl and all of its subdomains.
- 1.3 Customer: the natural person or corporation who enters into an agreement with 21 Bits.
- 1.4 Agreement: any arrangement or agreement between 21 Bits and Customer of which the General Terms and Conditions are an integral part.
- 1.5 General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of the General Terms and Conditions
- 2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of 21 Bits, unless explicitly agreed otherwise in writing.
- 2.2. If Customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon 21 Bits if and in so far as 21 Bits has accepted them in writing.
- 2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 3. Prices and information
- 3.1. All prices posted on the Website and in other materials originating from 21 Bits include taxes and other levies imposed by the government, unless stated otherwise on the website.
- 3.2. The prices shown include shipping costs.
- 3.3. The content of the Website is composed with the greatest care. 21 Bits cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from 21 Bits are subject to obvious programming and typing errors.
- 3.4. 21 Bits cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
Article 4. Conclusion of the Agreement
- 4.1. The Agreement will be deemed to be concluded at the moment Customer accepts the offer of 21 Bits subject to the conditions laid down by 21 Bits.
- 4.2. If Customer has accepted the offer by electronic means, 21 Bits will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, Customer will have the possibility to terminate the Agreement.
- 4.3. If it is found that, in accepting or otherwise entering into the Agreement, Customer has provided incorrect data, 21 Bits will have the right to postpone the Agreement until the correct data is received.
Article 5. Execution of the Agreement
- 5.1. As soon as 21 Bits has received the order, it will send the products to Consumer without delay and with due regard for the provisions of paragraph 3 of this article.
- 5.2. 21 Bits is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
- 5.3. In principle, the delivery term is 29 days. Delivery may be effected in various ways, at the discretion of 21 Bits.
- 5.4. If 21 Bits is unable to deliver the products within the agreed term, it will notify Consumer accordingly. In that case Consumer can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.
- 5.5. 21 Bits advises Consumer to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
- 5.6. The risks associated with the products will transfer to Consumer as soon as the products are delivered at the agreed delivery address.
Article 6. Right of withdrawal/return
- 6.1. Products sold on the Website are excluded from the right of withdrawal, because all products delivered are custom-made.
Article 7. Payment
- 7.1. Customer shall pay the amounts due to 21 Bits in accordance with the ordering procedure and any payment methods indicated on the Website. 21 Bits is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery Customer will be given a term of payment of 14 days entering on theday after delivery.
Article 8. Warranty and conformity
- 8.1. This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity. If 21 Bits gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Consumers.
- 8.2. 21 Bits guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, 21 Bits also guarantees that the product is suitable for other than normal use.
- 8.3. If the delivered product is not in conformity with the Agreement, Consumer must inform 21 Bits within a reasonable period of time after he has discovered the defect.
- 8.4. If 21 Bits deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with Consumer. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by Consumer for the product.
Artikel 9. Warranty on business purchases
- 9.1. 21 Bits guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, 21 Bits also guarantees that the product is suitable for other than normal use. Otherwise, it applies that the product is suitable for normal use.
- 9.2. If the delivered product is not in conformity with the Agreement, Customer must inform 21 Bits within a maximum period of 14 days after delivery. Should the Customer fail to do so, then the Business Consumer is no longer entitled to have the product repaired, replaced or (partially) refunded.
- 9.3. If 21 Bits deems the complaint to be correct, the faulty product(s) will be repaired, replaced or (partially) refunded in consultation with the Customer.
Article 10. Complaints handling procedure
- 10.1. If Customer has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of 21 Bits’s service, it can submit a complaint by email or by post. See the contact details at the bottom of the General Terms and Conditions.
- 10.2. 21 Bits will respond to the complaint as soon as possible, and in any case within 14 days after having received it. If it is not yet possible for 21 Bits to formulate a substantive reaction to the complaint by that time, 21 Bits will confirm receipt of the complaint within 14 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Customer's complaint.
- 10.3. If Customer is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
Article 11. Liability
- 11.1. This Article only applies if Consumer is a natural person or a legal entity who is acting in a professional or commercial capacity.
- 11.2. The total liability of 21 Bits in respect of Consumer due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
- 11.3. The liability of 21 Bits in respect of Consumer for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
- 11.4. Aside from the cases referred to in the two previous paragraphs of this Article, 21 Bits is not subject to any liability at all in respect of Consumer for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will,however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of 21 Bits.
- 11.5. 21 Bits will only be liable to Consumer on account of an attributable failure in the performance of an agreement if Consumer issues a proper notice of default to 21 Bits without delay stipulating a reasonable period of time in which to remedy the failure, and 21 Bits also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable 21 Bits to provide an adequate response.
- 11.6. Any event giving right to compensation is always subject to the condition that Consumer reports the damage or loss in writing to 21 Bits as soon as possible, but no later than within 30 days after the damage or loss has arisen.
- 11.7. In the event of force majeure 21 Bits is not liable to pay compensation for any damage or loss Consumer has incurred as a result.
Article 12. Retention of title
- 12.1. As long as Business Consumer has not made any full payment on the total amount agreed 21 Bits will retain ownership of all the goods delivered (including possible debt collection costs and interest).
- 12.2. Before the transfer of ownership, Business Consumer is not authorized to, other than corresponding to his normal company and normal destination of the goods, sell, deliver or any other way of misappropriation. Furthermore, Business Consumer is not allowed to pawnthe goods or to give any rights regarding the goods to third parties as long as the transfer of ownership has not been completed.
- 12.3. Business Consumer is obliged to keep any goods that are delivered under reservation of ownership with care and recognizable as property of 21 Bits.
- 12.4. 21 Bits is entitled to withdraw any goods delivered under reservation of ownership and in the possession of Business Consumer, if Business Consumer has neglected to pay the invoices or has been confronted with payment difficulties.
- 12.5. Business Consumer shall give 21 Bits access to his goods at any time to inspect and/or to exercise the rights of 21 Bits.
Article 13. Personal details
- 13.1. 21 Bits will process the Consumer’s personal details in accordance with the privacy statement, which can be found at https://paulblanca.nl/privacy-statement.
Article 14. Final provisions
- 14.1. This agreement is governed by the laws of the country of establisment of the webshop.
- 14.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where 21 Bits has its registered office.
- 14.3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
- 14.4. The term ‘written’ in these General Terms and Conditions also refers to communication by email, provided that the sender’s identity and the integrity of theemail message have been sufficiently established.
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
Chamber of Commerce: 78493153