1. Applied terms and Conditions
1.1 These general terms & conditions apply to all offers of Arabesk WebShop and on all Arabesk WebShop contracted agreements (all agreements made between Arabesk WebShop and the Buyer).
1.2 Arabesk Shop and or Arabesk WebShop as stated in these general conditions and elsewhere on this site refers to Arabesk Cultural Foundation, established in Amsterdam, The Netherlands and registered under number 34252434
1.3 The term "Buyer", we mean every visitor of the internet site and / or every natural person or legal entity who buys one or more item(s) through Arabesk WebShop.
1.4 Arabesk WebShop reserves the right to change, modify or update these terms & conditions from time to time without notice. The changed conditions will be applicable to all pending orders
1.5 By using the website of Arabesk WebShop and/or placing an order, the buyer accepts these general terms and conditions as well as all other rights and duties as indicated on the website.
1.6 In case the buyer also has general conditions to which he would refer, those conditions are not recognized and the conditions of Arabesk WebShop will prevail.
These general terms & conditions stipulated may only be deviated from by way of explicit agreement in writing and in which case the remaining provisions of these terms & conditions shall remain in force.
1.7 Arabesk WebShop has the right to make use of other parties to execute the agreement with the buyer.
1.8 The term "buyer" is used for every visitor of the website or each natural person or legal entity who has a contractual relationship with Arabesk WebShop. Arabesk WebShop is authorized to use a third party in the implementation of any agreement with the buyer.
2. Offers and provisional agreements
2.1 All offers of Arabesk WebShop are without engagement. Offers or prices are to be seen as an invitation to the potential buyer(s) to engage in a sale. Arabesk WebShop is in absolutely no manner bound to this, unless this has been unambiguously confirmed in writing. The acceptance of the invitation of the potential buyer to engage in the sale is considered as an offer and leads only to a provisional agreement so long as the remaining provisions in this Article has been completed.
2.2 Offers are subjected to the availability of the products. Arabesk WebShop has the right to replace the ordered product with a similar product in place of cancelling the agreement.
2.3 An agreement exists at the moment where an order confirmation is submitted to buyer by e-mail to his e-mail address as stated by the buyer on the registration form.
2.4 Arabesk WebShop has the right to cancel an agreement if it has good reasons to fear that buyer will not fulfill his responsibilities, for example due to previous bad experiences.
2.5 The buyer and Arabesk WebShop explicitly agree that by using the electronic communication a valid and definite agreement comes about, as soon as the conditions in Article 2.1 and 2.3 are met. The lack of an ordinary signature does not exempt from being bound by this agreement and the acceptance of it. This also applies to the electronic files of Arabesk WebShop that as far as the law allows counts as a presumption of proof.
2.6 Information, images, oral communications, telephonically or by means of e-mail and work-related tasks etc. with relation to all offers and the most important characteristics/ features of the products shall be displayed as precisely as possible. Arabesk WebShop does not guarantee in this agreement that all the information on offers and products will be given fully. Differences in the exposed information will not be considered as a reason to request any compensation or cancel the agreement, unless the differences are of such an extent that the product does not(longer) meet the expectation of the buyer, in this case the mentioned in article 6.4 of this general conditions will be applicable.
3.1 All prices on the site are "ex Warehouse" expressed in euros, conforming to the legal regulations hereby, and including the value added tax (VAT), but excluding other duties by the government and excluding shipping costs, unless mentioned otherwise in the product related information.
3.2 In case, upon request of the buyer, the related product will be shipped outside the country where the shipping occurs, then the buyer will be responsible for all duties and taxes to be applied in the recipient country..
3.3 Special offers are only valid for the time duration (deadline) as mentioned with that specific offer.
3.4 The buyer will be chargeable for merchandise Arabesk WebShop has confirmed in accordance with Article 2.3 of these terms & conditions as herein notified. Known (manipulation) mistakes in the price, such as obvious inaccuracies, can be corrected even after agreement has taken place by Arabesk WebShop.
3.5 Shipping charges are not included in the price of the product. The shipping costs are mentioned on the website. Special tariffs apply to delivery outside the Netherlands. Certain conditions may apply depending on the method of payment used, the form of delivery and costs thereof. These charges are clearly communicated to the buyer.
3.6 Arabesk WebShop reserves the right to change the price of a product after an agreement is set up. If the price will be higher, then the buyer has the right to cancel the agreement without any accountability for any compensation by Arabesk WebShop.
4.1 Orders via our website can be paid for by different methods, those ways are mentioned in the site.
Information about payment options can be found on this page.
Arabesk WebShop may extend the methods of payment in the future. Additional methods of payment will be made known on this site as they become available.
4.2 In the event that a term of payment has been agreed by Arabesk WebShop, the buyer will be in default if the term of payment is allowed to expire. Terms of payment can solely be agreed in writing under conditions to be stipulated and agreed at the time.
4.3 In case that payment by credit card is chosen then the terms & conditions of the credit card company apply. Arabesk WebShop has no part in the relation between the buyer and the credit card company.
4.4 Non-payment or late payment by the buyer shall incur the following:
An interest rate of 1.5% shall be applied from the last day on which payment should have been received until the day the outstanding amount is paid in full. Any part of a month in this time frame shall hitherto be counted as a full month.
4.5 Any additional costs of any sort bought to bear on Arabesk WebShop as a result of the non-compliance of the buyer of their payment obligations shall be at the expense of the buyer.
4.6 In case of late payment Arabesk WebShop is authorized to cancel the agreement with immediate effect or to suspend (further) supply up to the moment at which the buyer has entirely complied with their payment obligations including the payment of any chargeable interest and costs thereof.
5. Delivery and delivery times
5.1 Orders are of course delivered as swiftly as possible. Delivery periods are indicated on the website but are only to be considered as a guide and should never be considered as definite. Arabesk WebShop may announce additional information on delivery times on the website or in other written forms. Such information should only be taken as an indication. Such information has only an indicative character. In case buyer will not receive his order within the 14 days from the indicative time, he has the right to cancel the order without any right to compensation of whatever damage.
5.2 A product that is temporarily out of stock when ordered by the buyer will when available be indicated as such. Delays will be communicated to the buyer by telephone or e-mail.
5.3 Delivery will be sent to the address given by the buyer during the agreement process. Any additional information concerning delivery shall be made swiftly known to the buyer.
5.4 Arabesk WebShop shall ensure delivery by mail or by any other manner at the discretion of Arabesk WebShop, at the expense of the buyer. Delivery by mail or delivery in any other manner shall take place only after payment has been received for the products provided by Free Internet Shop. The merchandise only becomes the property of the buyer at delivery.
5.5 Arabesk WebShop reserves the right to split the delivery of merchandise bought. The extra cost of such a “Split Delivery” shall be borne by Arabesk WebShop.
5.6 Special conditions may apply to deliveries abroad.
6. Exchange & right of inspection
6.1 In case of consumer purchase from abroad, then the buyer has the right to cancel the agreement within 7 (seven) days after receiving the product without giving any reason for that, except if it is related to products which –due to their nature- cannot be returned back, such as downloads and ring tones or when it concerns audio and or video records and or computer programs and the buyer has removed the seals of those products. The cost of return shipping will be for the account of the buyer.
6.2 The buyer is obliged to inspect the products thoroughly and immediately after delivery. Any damage and/or missing parts in the product(s) must be reported in writing and as soon as possible and at the latest within 14 days after delivery. Non-visible damage/missing parts must be reported within 21 days after the problem could reasonably be detected. The buyer is then given the choice of a refund or a credit receipt. Shipping costs for product returns are at the expense of the buyer.
6.3 Any complaints founded on facts that justify the proposition that the delivered product does not answer to the agreement, are only valid for a period of 1 year after receipt by the buyer.
6.4 Should the delivered product not meet the specifications as laid out in the agreement then Arabesk WebShop is obliged only to delivery of the missing part(s) of the product, repair or offer a replacement of the product.
7. Transferal of Property
7.1 Ownership of Property despite actual delivery, is only transferred to the buyer after said buyer has fulfilled the agreement with Arabesk WebShop in its entirety, including compensation of any interest and costs, which also includes deliveries of an earlier or later stage and to the products themselves and/or tasks performed in relation to said product(s).
7.2 The buyer may not encumber, sell, redeliver, separate or otherwise encumber (delivery of) the products, before the property is rightfully in his possession.
8. Guarantee and liability
8.1 Products supplied by Arabesk WebShop are subject to the guarantee by the manufacturer of the product concerned. Arabesk WebShop's responsibility during the guarantee period is exclusively that of a counter function.
8.2 Arabesk WebShop can only be held liable for damages which can be attributed towards intent or gross negligence, or which are due to circumstances that on the basis of statutory regulations are at its own risk. Arabesk WebShop will never be liable for loss of profits and/or consequential damages, indirect damages and loss of earnings and/or turnover.
8.3 If Arabesk WebShop is held responsible, for any reason whatsoever, to compensate for damage then damage compensation shall amount to a sum no higher than the invoice value of the product or service on which damage has been caused. Arabesk WebShop cannot be held responsible for damages outside of warehouse and/or personnel damage.
8.4 Circumstances, which do not fall under the risk of Arabesk WebShop include: strike, worker exclusion, sickness and/or transit prohibition, transport problems, non compliance with the obligations of subcontractors, breakdowns in production, force majeur and/or nuclear calamities and war and/or the threat of war, debt belonging to Arabesk WebShop, subject to set-up or gross debt.
8.5 The stipulations in this article leave Arabesk WebShop's legal liabilities unimpeded by virtue of statutory regulations.
8.6 Notwithstanding this Article, there is no cause stipulated for guarantee if wear & tear can be considered as normal and in the following cases: if changes have been introduced to the product, among these repair which has been performed without the authorization of Arabesk WebShop or the manufacturer; if the original invoice cannot be submitted, has been modified or made illegible; if damage and/or non functioning is a consequence of the non-compliance with the written instructions or irresponsible use; or if damage has arisen by incorrect set-up, gross carelessness or negligent maintenance.
8.7 The Buyer is under the obligation to hold harmless Arabesk WebShop for any third-party claims against Arabesk WebShop with respect to the execution of the agreement, as far as the law does not stipulate otherwise than that the damages and losses concerned are at the Buyer’s expense.
8.8 Arabesk WebShop belongs to Arabesk Cultural Foundation and sells mainly products made or produced by the foundation for funding purposes. Members of this organization therefore guarantee good quality and proper service.
8.9 It is possible that Arabesk WebShop makes available on its website links to other websites which may be interesting or informative for the visitor. Such links are purely informative. Arabesk WebShop is not responsible for the content of the website which is referred to or the use which may be made of it.
8.10 The stipulations in this article leave Arabesk WebShop's legal liabilities unimpeded by virtue of statutory regulations.
9. Circumstances beyond one’s control
9.1 Arabesk WebShop is not obliged to fulfill its obligations towards the Buyer due to circumstances beyond its control, the obligation is postponed for the duration of the circumstances respectively.
9.2 Circumstances beyond its control are known to be each circumstance independent of its intention, as a result of which compliance of its obligations towards the Buyer are partly or entirely prevented. These circumstances include strikes, fires, business disturbances, power failures, non- or no timely delivery by suppliers or other third parties and the absence of any licenses to be obtained via the government. Circumstances beyond its control also include failures in (telecommunications) networks or connections or applied communication systems and/or the non-availability of the internet site at any one time.
10. Intellectual property
10.1 The buyer recognizes explicitly all rights of intellectual property of information displayed, communications or other expressions concerning the products and/or concerning the internet site at Arabesk WebShop, its subcontractors or other claimants.
10.2 It is prohibited for the buyer to make use of and/or introduce modifications to the intellectual property rights such as described in this Article, for example duplication, without explicit authorization from Arabesk WebShop, it’s suppliers or other claimants unless this is for private use or in relation to the product itself.
11. Personal data
11.2 Arabesk WebShop thereby observes applied privacy rule and relevant legislation.
12. Digital downloads
12.1 If buyer will download digital files such as music or video files from Arabesk WebShop, additional conditions will be applied. Those conditions can be found under Additional conditions for digital download products. (link)
13. Applicable law and competent Court; Dispute regulation and settlement and language.
13.1 Dutch law applies exclusively on all offers and agreements.
13.2 The applicability of the Vienna Purchasing Treaty (United Nations Convention on Contracts for the International Sale of Goods) is explicitly excluded.
13.3 All disputes which may occur as a result of the agreement concerned or future agreements arising from it will be settled in accordance with the Regulations of the Dutch Arbitration Institute or, should Arabesk WebShop wish to choose as such, the competent Courts applicable to the registered offices or abodes of Arabesk WebShop or the Buyer. Arbitration shall comprise one arbitrator. Arbitration shall take place in Amsterdam. Legal proceedings shall be held in Dutch. The Arbitration shall decide according to the law. All this is applicable unless the law explicitly stipulates a different competent Court.
13.4 This is an authorized translation of the original general terms & conditions in the Dutch language. The Dutch text of these general terms & conditions prevails above all translations of it.
14.1 Arabesk WebShop belongs to Arabesk Cultural Foundation, situated at V. Musschenbroekstraat 1A H, Amsterdam, The Netherlands and registered at the chamber of commerce under no. 34252434. All correspondence concerning an agreement or these conditions are to be sent to:
P.O. Box 94397
1090 GJ Amsterdam.
14.2 The Arabesk WebShop helpdesk (email@example.com)
14.3 Arabesk WebShop strives to answer incoming e-mails during the opening hours of Arabesk WebShop. (Monday thru Friday, 08.00 – 16.00 hours GMT).