COMPENDIUM
Lodewijk Pincoffsweg 382
3071 AS Rotterdam
Netherlands
Chamber of commerce: 78585562
(“COMPENDIUM”, “WE”, “US” AND “OUR”)
DATE MODIFIED / CREATED:
09/01/2023
- APPLICABILITY
1.1
These terms and conditions apply to orders placed on compendium.store (the “webstore”) by consumers worldwide. Please ensure that you carefully read these terms and conditions. It is important that you regularly check for updates. We reserve the right to update these terms and conditions from time to time.
- ORDERS ON THE WEBSTORE
2.1 WHO CAN ORDER
Any natural person of legal age, with the capacity to contract and having the status of consumer within the meaning of the preliminary article of the Consumer Code, who orders products on the webstore for non-professional purposes under the conditions defined below.
2.2 HOW TO ORDER
We require you to provide us with an e-mail address to place an order. You may need to set your browser to accept cookies and pop-ups in order to be able to use all the functionalities of the webstore, such as adding items to your shopping cart and submitting your order. For more information we refer to our privacy and cookie policy.
When you submit an order we will send you an email confirming that the products have been shipped (“order confirmation”). At this point a contract, containing these terms and conditions, comes into existence and is binding between you and us. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
2.3 OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT.
Fulfillment of an order through the webstore is subject to availability of the product. We expressly reserve the right not to accept your order for any reason.
We also reserve the right to cancel a contract by electronic written notice to you in the following situations, without liability for any damage or costs other than repayment of any amount received from you in relation to the cancelled contract:
– The product is not in stock;
– Your billing information is not correct or not verifiable;
– Your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
– Your bank transfer payment is not received within 12 calendar days after acceptance of your order;
– We have reason to believe that you are a reseller;
– We could not deliver to the address provided by you;
– Due to an event outside our control (see art. 15 below); or
– In the event of misspelling, pricing or other errors or mistakes in the webstore information.
- PRICE/PAYMENT
3.1 PAYMENT METHODS
The available payment methods we currently support are iDeal, Apple Pay, Paypal and Bancontact. We do not accept any method of payment other than those listed.
3.2 PAYMENT PROCESSING
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. Payments can only be processed if the billing information can be verified. We retain title in any product(s) until we have received full payment for such product(s).
3.3 PRICES AND CURRENCY
The product prices displayed on the webstore are inclusive of value-added tax (VAT). Prices are quoted in euro unless expressly stated that the price is in another local currency.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
3.4 TOTAL PRICE
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the order confirmation. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
3.5 PRICE CHANGES
The prices of the products will be as displayed on the webstore. Prices may change from time to time, but changes will not affect any order which we have confirmed in an order confirmation.
- DELIVERY
4.1 DELIVERY – WHERE AND WHEN
Both domestic as internationally we ship products once every other week. We do not ship on public holidays. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed below.
4.2 INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
- SHIPPING
5.1 SHIPPING RATES
Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to.
- RETURNS & CANCELLATIONS
6.1 CANCELING ORDER BEFORE DELIVERY
You may cancel all orders (pre-orders excluded) free of charge provided it has not been shipped yet. Your payment will automatically be refunded if your order hasn’t been processed yet.
6.2 RETURNING ORDERS AFTER DELIVERY – DEFECTIVES
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 14 days after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, your product will be replaced and the return costs will be paid by us. For practical information on how to return, please contact us.
6.3 RIGHT OF WITHDRAWAL & PRODUCT EXCHANGE
Because our current collection of products are al handmade to order, we generally do not accept returns or exchanges. However, if any of the items sent do not conform to your order, or should the items be defective, they will be replaced and the return costs will be paid by us.
If for any reason you are not completely satisfied with any purchase made please contact us.
6.4 REFUND INFORMATION
Refunds will be issued within 14 days after receipt by COMPENDIUM of the returned product, based on the original form of payment.
6.5 RISK OF RETURN SHIPMENT
If you return a product under art. 6.2 – 6.4 you are responsible for shipping the product to our studio. In case we do not receive the product, we are in no way liable for loss of the product. The burden of proof that a product is delivered to us is on you or the company used for shipping.
- LIABILITY
7.1
If COMPENDIUM fails to comply with these general conditions, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
7.2
Although we use encrypted security software, the security of information and payments transmitted via internet or via e-mail can’t be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.
7.3
In the event you have suffered damages as a result of our activities related to your purchase(s) of our products through the webstore, our liability will be limited to:
- Damage to the COMPENDIUM products or to other materials;
- Reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under 1);
- Reasonable and demonstrable costs incurred by you to prevent or reduce the damage under 7.3 1).
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.
7.4
We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
7.5
Nothing in these general conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Dutch law.
7.6
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the webstore or any content on the webstore, whether express or implied.
7.7
Please note that we only provide the webstore for domestic and private use. You agree not to use the webstore for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- INTELLECTUAL PROPERTY RIGHTS
8.1
COMPENDIUM owns all intellectual property rights in the webstore and in the material published on it. Those works are protected by copyright, design and trademark laws around the world. All such rights are reserved.
8.2
You may print off one copy, and may download extracts of any page(s) from the webstore only to the extent this is necessary for the purpose of placing an order with us, or for using the webstore as a shopping resource.
8.3
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4
COMPENDIUM status as the owner of content on the webstore must always be acknowledged.
8.5
You must not use any part of the content on the webstore for commercial purposes without obtaining a license to do so from COMPENDIUM.
8.6
If you print off, copy or download any part of the webstore in breach of these general conditions, your right to use the webstore will cease immediately and you must return or destroy any copies of the materials you have made.
- USER GENERATED CONTENT
9.1
If you post any ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other information (including info on bulletin boards, chat rooms or other forums on the webstore) (hereafter “user generated content”), on the webstore, or if you send such user generated content through the webstore to compendium ownership of any intellectual property rights and other rights in the user generated content shall automatically be transferred to compendium. To the extent such transfer is not valid, you grant to COMPENDIUM, by submitting the user generated content to compendium, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), your user generated content for any purposes as we deem fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the webstore or other products or services.
9.2
You warrant that any user generated content or other information which you send to the webstore is not, and does not contain, material which is offensive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law. You warrant that all material submitted to us is original to you, and not copied in whole or part from any third party.
9.3
COMPENDIUM does not, and you agree that COMPENDIUM has no obligation to, review the user generated content, that compendium is not in any manner responsible for user generated content.
9.4
You acknowledge that by providing you and others with the ability to access and view user generated content on the webstore, COMPENDIUM is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user generated content or activities of users on the webstore.
9.5
Notwithstanding the foregoing, you acknowledge and agree that COMPENDIUM has the absolute right to monitor user generated content posted to the webstore in its sole discretion.
9.6
You agree that we do not have any obligation to use or respond to any user generated content. You agree that you shall immediately notify compendium in writing of any objectionable content appearing on the webstore.
- APPLICABLE LAW
10.1
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the webstore(s) or with any purchases on the webstore shall be governed by Dutch law. Any dispute shall be submitted to the relevant court in Rotterdam, Netherlands.
- AVAILABILITY ON THE WEBSTORE
11.1
We do not guarantee that the webstore, or any content on it, will always be available or be uninterrupted. Access to the webstore is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the webstore without notice. We will not be liable to you if for any reason the webstore is unavailable at any time or for any period.
- YOUR ACCOUNT AND PASSWORD
12.1
If you choose to register on the webstore you must treat the username and password for your account as confidential and must not disclose it to any third party.
12.2
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
12.3
If you know or suspect that anyone other than you knows your user identification code or password, we advice you change your code immediately.
- LINKED SITES
13.1
In case the webstore provides links to external internet sites, we shall not be liable for the use or the content of internet sites that link to this site or which are linked from it.
- VARIATION OF GENERAL CONDITIONS
14.1
We may revise these general conditions from time to time. Every time you order products from us, the general conditions in force at that time will apply to the contract between you and us.
Whenever we revise these general conditions we will keep you informed and give you notice of this by stating that these general conditions have been amended and the relevant date at the top of this page.
- EVENTS OUTSIDE OUR CONTROL
15.1
An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
15.2
If an event outside our control takes place that affects the performance of our obligations under these general conditions:
– We will contact you as soon as reasonably possible to notify you; and
– Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of a product to you, we will arrange a new delivery date with you after the event outside our control is over.
15.3
You may cancel the contract if an event outside our control takes place and you no longer wish us to provide the products. Please see your cancellation rights under art. 6. We will only cancel the contract if the event outside our control continues for longer than 20 weeks in accordance with our cancellation rights in Art. 2.
15.4
Although the webstore is compiled with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the webstore, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the webstore or to your downloading of any content on it, or on any webstore linked to it or any incorrectness, or incompleteness of the webstore.