The following words shall mean:
- Buyer: Buyer
- Conditions: the terms and conditions set out in this document
- Contract: any contract between the Buyer and Ndulge for the sale and purchase of the Goods.
- Goods: the goods that the Buyer agrees to purchase from Ndulge, being the Ndulge TravelVoucher, ActivityVoucher, Voucher Plus or any personalized product.
- Price: the price for the goods including VAT shall be the price set out on the Ndulge website at the date on which an order is made
- Seller: Ndulge or address of Ndulge
- Working Day: Monday to Friday excluding bank and other public holidays
2. Application of Terms
- The Contract shall be on these Conditions to the exclusion of any other terms and conditions.
- Any order for Goods from the Buyer shall be deemed to be an offer to purchase the Goods subject to these Conditions.
- No terms or conditions endorsed upon, delivered with or contained in any Seller's/Sellers' purchase order, confirmation of order, specification or other document shall form part of the Contract. The Conditions shall not be varied unless any agreement to vary is recorded in writing and signed by the Seller and Buyer.
- No order placed by the Buyer will be accepted by the Seller until he/she/it/they have/has sent to the Buyer acknowledgement and acceptance of the order. Upon the Seller sending the acknowledgement and acceptance of the order, the Seller and the Buyer will have a binding contract between them.
- The Buyer warrants that all the details in the order are complete and accurate.
- The Conditions shall apply to the sale of all Goods.
3. The Goods
- The Buyer acknowledges that they have entered into the Contract as a result of their inspection or knowledge of the Goods and not in reliance upon any description given by the Seller.
- All drawings, descriptive matter, specifications and advertising issued by the Seller are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and shall not form part of the Contract.
4. Collection of the Goods
- Unless otherwise agreed in writing by the Seller, he/she/it/they shall make the Goods available via email and regular mail, to the address specified by the Buyer.
- The Seller shall not be liable for any loss (including any loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in making the Goods (even if caused by his/her/its/their negligence).
- All invoices are payable via de website payment page, being either credit card payment or Ideal.
- If the Buyer does not make payments as required, the Seller may terminate the Contract.
6. Limited Warranty
- Ndulge represents and warrants that it has the right and authority to make the Goods available pursuant to these General Terms and Conditions.
- All services and materials are provided on an “As Is”, “As Available” basis.
7. Limitation of Liability
- The Seller shall not have any liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Seller or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract
- The Seller shall not be liable if any adjustments, alterations or other work has been done to the Goods by any person except the Seller or his/her/its/their authorized agent.
8. Force Majeure
- If the performance of the Contract or any obligation under it is prevented, restricted, or interfered with by reason of circumstances beyond the reasonable control of the Seller and he/she/it/they gives prompt notice to the Buyer, the Seller shall be excused from the performance to the extent of the prevention, restriction, or interference, but the Seller shall use his/her/its/their best endeavors to avoid or remove the causes of non-performance and shall continue performance under the contract with the utmost dispatch whenever the causes are removed or diminished.
- If there is any conflict between these terms and specific terms appearing elsewhere (including local house rules) then the latter shall prevail.
- Each right or remedy that the Seller and the Buyer has under the Contract is without prejudice to any other right or remedy that may exist.
- In the event that any provision of the Contract is declared by any judicial or other competent authority to be void, void able, illegal, or otherwise unenforceable or if an indication to that effect is received by either the Buyer or the Seller from any competent authority, the Buyer and the Seller shall amend that provision in such reasonable manner as achieves the intention without illegality.
- If the Seller or the Buyer:
- fails or delays to exercise any right or remedy, it shall not operate as a waiver of it; and
- partially exercises any right or remedy, neither of them shall be precluded from further exercising the right, remedy or other power.
- Any waiver of a breach of any provision of the Contract shall not:
- be deemed to be a waiver of any subsequent breach or default; and
- affect the other terms of the Contract.
- If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. These terms shall be governed by and interpreted in accordance with the laws of the Netherlands.
10. Intellectual Property
- The names, images and logos identifying the Ndulge, or third parties and their products and services are subject to copyright, design rights and trade marks of Ndulge. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Ndulge.
- These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule;
- These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the Netherlands.