Article 1. Definitions
Naya Nayon is the trade mark of Naya Nayon, based in Amsterdam, The Netherlands.
Article 2. Validity
These General Conditions apply to all our offers, tenders, contracts, deliveries and payments done through the online webshop of Naya Nayon for buyers in Europe and the rest of the world except the United States of America and Canada.
General conditions of the buyer are not being accepted by Naya Nayon and do not apply.
Article 3. Catalogues
Products, services and prices offered by Naya Nayon in its catalogues are always subject to change. No rights will be conferred to the content of the catalogs of Naya Nayon or other communications.
Article 4. Offers
All offers to clients have a validity of fourteen days.
Article 5. Product description
For all products of Naya Nayon and in particular the crafts products, applies that the descriptions are approximate and/or denote the average. It is understood that the buyer will accept reasonable deviations in design, seize, pattern from the product description or image.
Article 6. Prices
All prices are in euros (eur), unless clearly stated otherwise.
All prices mentioned by Naya Nayon are EXW Amsterdam and do not include VAT or any other tax. If taxes or other levies are being imposed by the authorities, will this lead to proportional adjustment of the prices.
Article 7. The agreement
An agreement between buyer and Naya Nayon will be effectuated after reception by Naya Nayon of the confirmation of the payment of the order on the webshop.
Article 8. Garantuee
Naya Nayon garantuees the proper functioning of the goods sold through its web shop.
The clients can - in case he is not satisfied with the product - return the product to Naya Nayon and Naya Nayon will repay client the paid sum for the product.
------- in case where the product itself is not defective --------
The sum to be paid back is the total paid sum less the transport cost.
The garantuee only applies if
- the client notifies Naya Nayon within two days of reception of the product and sends it to Naya Nayon withn five days of reception
- the product has not been used
- the product is received by Naya Nayon in a satisfactorily manner: meanng complete, properly packed, and without any wear, tear of stains
------- in case where the product itself is defective --------
Naya Nayon will replace without any cost the defective product.
- the defectifness occurs within two years of receivng the product
- client notifies Naya Nayon as soon as possible when he notices that the product is defective
- client stops using the product immediatly
- the product has only been used in a proper, carefull way
- has not been overburdened
- the product is received by Naya Nayon in a satisfactorily manner: meanng complete and properly packed
Naya Nayon will never assume any cost or damage caused by the use of the defective product.
Client is responsable for controling the product for any faults when receiving and afterwards regularly before using the product.
Article 9. Acts of God
Acts of God are all situations that independent of the free will of Naya Nayon - even if they could have been foreseen at the time of signing the agreement- that impede the fulfillment of the agreement, be it lasting or temporal, as are war, riots, strike, blockades, complication of transport, natural disasters, fire and other grave failures in the company of Naya Nayon or her suppliers. Naya Nayon will notify the buyer the soonest of such circumstances.
Naya Nayon is not liable if she cannot fulfill the agreement either partly or completely through acts of God. Naya Nayon is allowed to claim payment for the services delivered while executing the agreement before the act of God occurred.
Impediment of execution of the agreement by act of God, authorizes Naya Nayon without mediation to either postpone the execution of the agreement or dissolve the agreement, partly or completely, without any obligation to compensation.
Article 10. Delivery
Naya Nayon will do every reasonable effort to comply with the agreed delivery time. However the delivery time is never an absolute period, but an estimation. Therefore Naya Nayon can never be hold liable for damage occurred because of delay in delivery.
Article 11. Complaints
Complaints have to be filed by certified mail within two days after reception of the products. The buyer who does not complain within two days after reception of the goods is regarded to have checked the goods upon their reliability and have accepted them.
As soon as buyer or a third has used or damaged the goods or part of them, it is assumed that the delivery has been accepted and no complaints can be filed afterwards.
When buyer does not complain the bill within two days after reception by certified mail, it is assumed that buyer has accepted the bill and no complaints can be filed afterwards.
Complaints do not constitute the right to postpone or deduct payments.
Article 12. Ownership and risk of the goods
Goods sold by Naya Nayon remain her property until the cost price and other possible costs have been paid by buyer.
Nonetheless all risks on the goods from the moment of shipping from Ecuador are buyer's.
Article 13. Payments
Prepayments have to take place within five days after confirmation and signing the agreement. Remaining payments have to take place within five days of arrival and release of the goods by customs or within five days after reception of the goods by buyer, whichever applies or happens first.
All payments have to been settled without any deduction at the office of Naya Nayon or an account appointed by her.
In case Naya Nayon has doubts about the fulfillment of the buyer's obligations with respect to
payments, Naya Nayon is allowed to claim immediate payment.
Any costs associated with payments are at the expense of buyer.
In case of delay of payment by buyer, he loses all his rights to the delivered goods and buyer will be in omission with any further proof of default. In such case buyer is owing a weekly interest of 1% on the due sum and buyer is obliged to pay all judicial and other costs associated with cashing the due sum.
Article 14. Liability
Naya Nayon does not carry liability for any damage, either direct, indirect or corollary damage as result of the goods delivered by her or by unauthorized deed toward buyer.
As Naya Nayon cannot verify whether its products and services comply with legislation of buyer's country, the buyer accepts its own responsibility to do so.
As Naya Nayon depends in her activities on the collaboration, services and deliveries of third parties, Naya Nayon cannot be held responsible in any way for any damage caused by such relationship of Naya Nayon with third parties or the breaking of such relationships, regardless whether the damage occurs or becomes evident during its relationship with Naya Nayon.
Buyer preserves Naya Nayon from any claims that third parties may issue with respect to the goods delivered to buyer.
Buyer is liable for all damage that Naya Nayon may have resulting from shortcoming from part of the buyer
with respect to the obligations arising from the agreement and this general conditions.
Furthermore Naya Nayon will, in case she is found liable for damage or other disadvantage, and
obliged to compensation, never be obliged to more than the cost price of the delivered goods.
Article 15. Shipping
Shipping from the office or warehouse of Naya Nayon in Quito is always at the expense and risk of buyer.
In case Naya Nayon organizes shipment for buyer, the shipment conditions are CFR (cost & freight according to the Incoterms 2000), unless clearly stated otherwise.
Furthermore Naya Nayon will, in case she is found liable for damage or other disadvantage, and obliged to compensation, never be obliged to more than the cost price of the delivered goods.
Article 16. Dispute and competence
On all offers, orders and agreements done under these general conditions apply by exclusion the Dutch legislation. Disputes will be presented the Commission of Disputes of the Chamber of Comerce of Amsterdam, The Netherlands.
Naya Nayon is authorized to address the court in the residence or country of buyer to demand fulfillment of buyer's obligations.
ref: 3568.01 (update 2010.02.10)
