Terms and Conditions
THIS AGREEMENT DESCRIBES THE TERMS ON WHICH ACTIVE REACTION C.V., REGISTERED IN THE NETHERLANDS WITH REGISTERED NUMBER 341 733 42 WITH ITS REGISTERED OFFICE AT PIETER CORNELISZ. HOOFTSTRAAT 47, 1071 BN, AMSTERDAM, THE NETHERLANDS, ("We" or "Us"), ALLOWS BUSINESS ENTITIES WHOSE ORDERS WE HAVE ACCEPTED VIA THIS WEB SITE (THE "WEB SITE"). BY CHECKING THE "I ACCEPT THE TERMS AND CONDITIONS" CHECKBOX ON THE ORDER FORM AND SUBMITTING THE FORM TO US, THE ENTITY AS IDENTIFIED IN THE ORDER NOW FORM ("USER" OR "YOU") ACCEPTS EACH OF THE TERMS AND CONDITIONS SET OUT BELOW, INCLUDING THOSE TERMS AND CONDITIONS INCORPORATED BY REFERENCE. YOU FORM A CONTRACT WITH US AT THE TIME YOU SELECT THE "I ACCEPT THE TERMS AND CONDITIONS" CHECKBOX AT THE BOTTOM OF THE ORDER NOW FORM.
We may amend this Agreement at any time by posting the amended terms on the Web Site. The new terms shall automatically be effective and binding on You 15 days after they are initially posted on the Web Site. This Agreement may not be otherwise amended.
1. Disclaimers and Limitations of Liability
1.1. This Section 1.1 applies to all parts of the Web Site, the information and services made available thereon and use thereof.
1.1.1. Although we make every effort to ensure the accuracy of information and content sourced from third parties and reproduced on the web site, neither we nor our third party suppliers accept any liability for the accuracy or content of such reproduced information.
1.1.2. YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL WE, OR OUR RELATED PARTNERSHIPS OR CORPORATIONS, OR THE PARTNERS, AGENTS, OFFICERS OR EMPLOYEES THEREOF BE RESPONSIBLE FOR INFORMATION CONTAINED IN THIS SITE.
1.1.3. WE DISCLAIM ALL LIABILITY IN RESPECT OF SUCH INFORMATION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THE INFORMATION ON THE SITE WILL BE PROVIDED OR PREPARED USING REASONABLE SKILL OR CARE).
1.2. We do not guarantee continuous, uninterrupted or secure access to the Web Site and You acknowledge that the reliability, availability, performance and other aspects of the Internet are beyond our reasonable control and therefore:
1.2.1 We do not represent or warrant that the functions of the Web Site will meet Your requirements;
1.2.2. We make no guarantee or warranty that any information delivered to You from or through the Web Site, will not be captured or monitored by one or more third parties, or that such information will arrive at Your site. You acknowledge that We cannot guarantee the information posted on the Site or sent to You by email will be secure or maintained as confidential; and
1.2.3. We will not be responsible for unauthorised access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received.
1.2.4. Although the Web Site is capable of encrypting traffic between Your browser and the Web Site at the highest level currently available, We cannot guarantee that You will have this level of security as this will depend on the encryption level supported by the browser that You use. We do not accept any increased risk associated with using the Web Site at a lower level of encryption.
1.3. We will use standard, commercially-available virus-checking software in relation to any document or files We may send to You in relation to the Web Site however We do not represent or warrant that the Web Site or any documents or files downloaded from the Web Site will be error-free, free from viruses or other harmful components.
1.4. You agree that Your relationship is solely with Us. We will be responsible for any acts of any Subcontractor in connection with the Web Site and any service offered on the Web Site.
1.5. Certain links in the Web Site connect to other web sites maintained by third parties and such other web sites may or may not be presented within a frame on the Web Site. We have not verified the contents of such third party web sites and do not endorse, warrant, promote or recommend any information, services or products which may be provided or accessible through them or any body or person which may provide them.
2. Placing an order on the Web Site
2.1. You can use the Web Site to place an order by selecting the product(s) you wish to purchase and adding it to your basket.
2.2. You need to enter all the mandatory fields in the Order Now form. You will be required to pay for the product in full at the time of ordering. We use secure payment facilities for online purchases. You can pay for Your order by credit card only.
2.3. We reserve the right, acting in our sole discretion, to accept or reject Your order via the Web Site.
2.4. After We have successfully received Your payment and accepted Your order We will email the product to the email address You entered in the Order Now form or telephone You to further discuss the steps to take in order to complete Your order.
2.5. All prices are in Euro, exclude 21% VAT (where applicable, see below) and do not include custom technical consultancy or support.
3. VAT
3.1 If you are based in The Netherlands 21% VAT is chargeable on our products.
3.2. If you are based in a country that is part of the European Union (excluding The Netherlands) you are required to enter a valid VAT number. If the VAT number you entered is correct VAT Reverse Charge will be applicable and shown on your invoice. If you do not enter a valid VAT number 21% VAT is chargeable. In that case we will send you an additional invoice covering the 21% VAT amount based on your total order.
3.3. If you are based in any other country VAT Reverse Charge will be applicable and shown on your invoice.
3.4. Once your order has been confirmed, changes may not be possible or may incur additional charges or delays. We will notify you of the date you will receive your product by email.
4. Visitor conduct
4.1. In using the Web Site, You will comply with all procedures and requirements described on the Web Site.
4.2. You agree:
4.2.1. to comply with all laws, rules, regulations and duties applicable to your use of the Web Site and any information obtained using the Web Site;
4.2.2. not to upload or post to the Web Site any software or file which contains any virus, worm, harmful component or corrupted data or disrupt the normal flow of communications over the Web Site or otherwise act in a manner that negatively affects other users, individuals or entities;
4.2.3. not to reproduce, distribute, transmit, publish or otherwise transfer or commercially exploit any software, file, information, communication or other content received or accessed through the Web Site without first having obtained our written permission or the written permission of the relevant contributor or user;
4.2.4. not to use any information or material on the Web Site for marketing purposes;
4.2.5. not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Web Site or to bypass any security features of the Web Site or any part thereof;
4.2.6. not to take any action which imposes an unreasonable or disproportionately large load on the Web Site's infrastructure.
4.3. When using this website you shall not post or send to or from this Website any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the Netherlands.
5. Privacy
5.1. We take your privacy very seriously. We will only contact you in direct relation to the items you have purchased from us. We will never sell or rent your details.
6. Governing Law
6.1. THIS AGREEMENT AND ALL RELATIONS BETWEEN THE PARTIES ARISING OUT OF THIS AGREEMENT (INCLUDING IN RELATION TO TORT OR ITS EQUIVALENT) SHALL BE GOVERNED BY THE LAWS OF THE NETHERLANDS.
6.2. THE COURTS OF THE NETHERLANDS SHALL HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
6.3. CLAUSE 6.2 IS FOR THE BENEFIT OF ACTIVE REACTION C.V. ONLY. AS A RESULT IT DOES NOT PREVENT ACTIVE REACTION C.V. FROM TAKING PROCEEDINGS RELATING TO A DISPUTE IN ANY OTHER COURTS WITH JURISDICTION AND TO THE EXTENT ALLOWED BY LAW, ACTIVE REACTION C.V. MAY TAKE CONCURRENT PROCEEDINGS IN ANY NUMBER OF JURISDICTIONS.
6.4. THE PARTIES AGREE TO TRY TO RESOLVE ANY DISPUTE (WHETHER IN RELATION TO BREACH OF CONTRACT OR TORT (OR ITS EQUIVALENT)) BETWEEN US IN GOOD FAITH BY SENIOR LEVEL NEGOTIATIONS. WHERE BOTH OF US AGREE THAT IT MAY BE BENEFICIAL, WE WILL SEEK TO RESOLVE THE DISPUTE THROUGH MEDIATION USING THE CENTRE FOR DISPUTE RESOLUTION TO FACILITATE THE MEDIATION PROCESS. IF THE DISPUTE IS NOT RESOLVED THROUGH NEGOTIATION OR MEDIATION EACH OF US AGREES THAT THE DISPUTE SHALL BE DEALT WITH AS SET OUT IN SECTION 6.2.
7. Information about Active Reaction C.V.
7.1. Active Reaction C.V. is a member of the Centre For Information Based Decision Making & Marketing Research ("MOA") and is bound by the Guide to Professional Ethics which can be found at www.moaweb.nl/english.
7.2. You can contact us by writing to us at the address specified at the beginning of these terms and conditions, by telephoning us on +31 (0)20 676 2626 or by email to fatca@activereaction.com.
7.3. Our VAT number is NL 810812289 B01.
8. General
8.1. In the case of a conflict between:
8.1.2. any procedures or requirements set out in the Web Site and the terms and conditions of this Agreement set out in this page, the terms and conditions of this Agreement will prevail;
8.1.3. any provision of the Privacy Policy and the terms and conditions of this Agreement, these terms and conditions will prevail.
8.2. Neither of us will be liable to the other for any delay or failure to fulfil their obligations under this Agreement to the extent that any such delay or failure arises from causes beyond their control, including but not limited to System Failure, fire, floods, acts of God, acts or regulations of any governmental or supranational authority, war, riot, strike, lockouts and industrial disputes.
8.3. No waiver of any term or condition of this Agreement will be effective unless made in writing.
8.4. If any provision of this Agreement is held to be invalid in whole or in part, such provision shall be deemed not to form part of this Agreement. In any event the enforceability of the remainder of this Agreement will not be affected.
8.5. This Agreement, including any referenced documents or pages of the Web Site, forms the entire agreement between us relating to the Web Site. It replaces and supersedes any previous proposals, correspondence, understandings or other communications whether written or oral (except that We do not exclude liability for any fraudulent pre-contractual misrepresentations made by Us on which You can be shown to have relied). The headings and titles in this Agreement are included to make it easier to read but do not form part of this Agreement.
8.6. All electronic communications in connection with this Agreement will be considered equal to written communications and will have the same value as original documents. Neither party shall make any complaint before any court concerning the electronic character of any communication.