Terms and Conditions
Table of Contents
Validity
Conclusion of the Agreement
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Digitally Delivered Software
Liability for Defects
Applicable Law
Alternative Dispute Resolution
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Validity
1.1 These terms and conditions of FilemakerDatabase (hereinafter "seller") apply to all agreements that a consumer or entrepreneur (hereinafter "customer") concludes with the seller regarding the products and/or services offered by the seller in their online shop. The inclusion of the customer's own terms is expressly rejected unless otherwise agreed.
1.2 A consumer in the sense of these terms and conditions is any natural person who performs a legal act for purposes that are predominantly outside the scope of their independent professional or business activity. An entrepreneur in the sense of these terms and conditions is any natural person, legal entity, or partnership that performs a legal act within the scope of independent professional or business activity.
1.3 These Terms and Conditions apply to agreements concerning the delivery of physical data carriers that are exclusively intended as a carrier of digital content, unless otherwise specified. Digital content, in the sense of these Terms and Conditions, refers to data that has been created and offered in digital form.
Conclusion of the Agreement
2.1 The product descriptions displayed in the seller's online shop do not constitute a binding offer from the seller but are intended to invite the customer to enter into a binding agreement.
2.2 The customer can place an order through the integrated online order form in the seller's online shop. By adding the selected goods and/or services to the virtual shopping cart and completing the digital ordering process, the customer enters into a binding purchase agreement concerning the goods and/or services in the shopping cart. However, the order can only be sent after the customer has checked the box for "I have read and agree to the terms and conditions" to accept the contractual terms.
2.3 The seller can accept the customer's order within 5 days,
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by sending a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the order confirmation by the customer being decisive, or
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by delivering the ordered items to the customer, with the receipt of the items by the customer being decisive, or
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by requesting payment after delivery of the order.
In any case, the seller will send the customer an order confirmation along with instructions on how to download and print the terms and conditions via the "Print" function.
If multiple of the above alternatives occur, the agreement is concluded when the first of the alternatives is performed. If the seller does not accept the customer's order within the specified period, this is considered a rejection of the agreement, and the customer is no longer bound by their statement of intent.
2.4 The period for accepting the order begins the day after the customer places the order and ends at the close of the fifth day after placing the order.
2.5 When placing an order via the seller's online order form, the contents of the agreement will be stored by the seller. After sending their order, the customer will receive, along with the agreement, the applicable terms and conditions and customer information in text form (e.g., via email, fax, or letter). If the customer has created a user account in the seller's online shop before placing the order, the order details will be archived on the seller’s website and will be accessible to the customer free of charge via their password-protected user account by providing the relevant login details.
2.6 Before the customer sends their binding order via the seller's online order form, the customer can modify their entered details using the usual keyboard and mouse functions. Furthermore, all entered details are displayed in a confirmation window before submitting the binding order, and can also be corrected there using the usual keyboard and mouse functions.
2.7 The seller guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or suitability, and the applicable legal provisions and/or government regulations in force at the time of the conclusion of the agreement.
2.8 Only a Dutch version is available for concluding the agreement.
2.9 The ordering process and communication generally occur via email and automatic order processing. The customer must ensure that the email address they provide is correct so that messages sent by the seller to this email address can be received. The customer must also ensure that spam filters do not block messages sent by the seller or by third parties involved in order processing.
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Right of Withdrawal
3.1 Consumers generally have the right to withdraw.
3.2 More information on the right of withdrawal can be found in the seller's standard withdrawal instructions.
Prices and Payment Terms
4.1 The prices indicated by the seller are total prices, including applicable VAT. Any delivery or shipping costs are separately indicated in the respective product descriptions.
4.2 In the case of deliveries to countries outside the European Union, additional costs may apply in certain cases, which are not covered by the seller and must be borne by the customer. These include costs for money transactions by financial service providers (such as certain charges for transfers and currency conversion) or import duties and taxes (such as customs duties).
4.3 The customer has several payment options, which are indicated in the seller's online shop.
4.4 If the customer chooses prepayment, the amount must be paid immediately after the conclusion of the agreement.
4.5 When choosing the iDEAL payment method, the customer authorizes their bank, which is connected to the iDEAL payment system, to execute the payment order. After authorization, the invoice amount is debited from the customer’s account and transferred to the seller’s account. The seller is immediately informed of the successful payment.
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Delivery and Shipping Terms
5.1 Unless otherwise agreed, the delivery of items takes place via shipment to the delivery address specified by the customer. The address provided during the order is decisive for the processing of the transaction.
5.2 If the transport company returns the shipped order to the seller because delivery to the customer was not possible, the customer bears the costs for the failed delivery. This does not apply if the customer is not at fault for the failed delivery or if they were temporarily unable to receive the delivery, unless the seller has announced the delivery within a reasonable period.
5.3 For logistical reasons, it is unfortunately not possible to pick up orders in person.
Digitally Delivered Software
6.1 The consumer agrees to the service delivery starting within the reflection period by ticking the box for immediate delivery. By doing so, the consumer waives their right of withdrawal.
6.2 The right of withdrawal expires when the download has been fully delivered and the consumer has consented to it.
Liability for Defects
In general, the statutory provisions regarding liability for defects apply, and the following provisions are particularly relevant.
7.1 For customers as consumers
The customer must report any defects in the delivered item to the seller within two months of discovering the damage.
The statute of limitations for complaints regarding defects is two years from the notification of the defect.
7.2 Apart from contractual claims for damages under Articles 9 and 10 of Title 1 in Book 6 of the Civil Code, the seller is not liable for consequential or personal injury damages arising from defects related to the safety of the delivered item (Civil Code 6:186, Civil Code 7:24). This does not apply if the seller knew or should have known about the safety defect; if the seller denied the presence of the defect; or if the defect caused damage to another item as defined in Civil Code 6:190, resulting in property damage of less than 500 euros.
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Applicable Law
8.1 If the customer acts as a consumer as defined in section 1.2, the law of the country where the customer has their habitual residence applies to all legal relationships between the parties. The UN Convention on Contracts for the International Sale of Goods does not apply, and only the jurisdiction related to disputes concerning agreements that specifically address the customer's residence applies.
8.2 If the customer acts as an entrepreneur as defined in section 1.2, the law of the country where the seller’s headquarters is located applies to all legal relationships between the parties. The UN Convention on Contracts for the International Sale of Goods does not apply, and only the jurisdiction related to disputes concerning agreements specifically addressing the seller’s headquarters applies.
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Alternative Dispute Resolution
9.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the extrajudicial resolution of disputes arising from sales or service agreements via the internet, where a consumer is involved.
9.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure by a consumer dispute commission.